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United Nations logo. [Source: United Nations]The United Nations is formed. Article 51 of the charter states that a country has the “right of individual or collective self-defense if an armed attack occurs against a member of the United Nations,” but otherwise prohibits the use of force in international affairs. [United Nations, 6/26/1945]
President Roosevelt, using what he calls his inherent power as commander in chief, creates a military commission to try eight Nazi saboteurs captured inside the US in the case of Ex parte Quirin. The eight are quickly found guilty and sentenced to death. The Supreme Court later backs Roosevelt’s authority to have them tried by a commission. The Court’s decision is unusually hasty, and several of the justices who voted in Roosevelt’s favor later express regret for their approval. Roosevelt himself is unsure of the procedure’s legality, the Court’s decision and his own powers as president notwithstanding. When more Nazi saboteurs are captured later in the war, they are tried in criminal courts. [Savage, 2007, pp. 136]
Attorney General Francis Biddle abolishes the FBI’s Custodial Detention Program, which is designed to round up suspected dissidents in times of national emergency or war (see November 1940-1943). However, FBI Director J. Edgar Hoover secretly re-establishes the list under a new name: the Security Index (see Early 1943-1971). Biddle clearly informs the FBI: “There is no statutory authorization or other present justification for keeping a ‘custodial detention’ list of citizens.… [I]t is now clear to me that this classification system is inherently unreliable.” The attorney general comments: “The evidence used for the purpose of making the classifications was inadequate; the standards applied to the evidence for the purpose of making the classifications were defective; and finally, the notion that it is possible to make a valid determination as to how dangerous a person is in the abstract and without reference to time, environment, and other relevant circumstances, is impractical, unwise, and dangerous.” But Hoover does not comply with the attorney general’s order. He instead changes the name of the list from the Custodial Detention Program to the Security Index. The Senate Select Committee on Intelligence will later report, “The attorney general and the Justice Department were apparently not informed of the FBI’s decision to continue the program.” FBI headquarters informs its field offices, “The fact that the Security Index and Security Index Cards are prepared and maintained should be considered strictly confidential, and should at no time be mentioned or alluded to in investigative reports, or discussed with agencies or individuals outside the bureau other than duly qualified representatives of the Office of Naval Intelligence and the Military Intelligence Division, and then only on a strictly confidential basis.” [Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 5/1976, pp. 420-421]
The FBI maintains a “Security Index” of US citizens that are to be targeted for surveillance and/or detention in the event of a national emergency or war. The list is carried over from the FBI’s Custodial Detention Program, which was abolished by the attorney general in 1943 (see 1943 and November 1940-1943). A government source tells the New York Times that the purpose of the Security Index is to “assist in rounding up people who might commit sabotage or espionage” in the event of a disaster. The index is at first composed mostly of suspected communists, but is later expanded to include a wide range of political groups. By the 1960s, names on the list include professors, teachers, labor union organizers, authors, journalists, doctors, scientists, and clergymen. The names on the Security Index are broken down into three categories: leaders of “subversive” groups, supporters of such groups, and supporters of such groups considered to be violent. At its peak in the late 1960s, the FBI’s Security Index reportedly lists more than 26,000 citizens. FBI Special Agent M. Wesley Swearingen will later say the number is actually much higher, claiming 50,000 people are on the list in Chicago alone. Sources will later tell the New York Times that the list includes several people who pose “no genuine internal security threat.” The list is utilized by the FBI’s secret COINTELPRO program, which is used to discredit anti-war and other “New Left” groups. The Security Index will be transferred to the Administrative Index within the FBI in late 1971 (see Late 1971). [New York Times, 8/3/1975; New York Times, 10/23/1975; New York Times, 4/29/1976; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 5/1976, pp. 420-421; Chicago Tribune, 3/2/1986]
The Smith-Connally Act restricts contributions to federal candidates from labor unions as well as from corporate and interstate banks (see 1925). The law is passed in response to the powerful influence of labor unions in elections beginning in 1936, where some unions used labor dues to support federal candidates [Center for Responsive Politics, 2002 ] , and by public outrage at a steelworkers’ union going on strike for higher wages during the war, an action characterized by many as unpatriotic. The law was written both to punish labor unions and to make lawmakers less dependent on them and their contributions. [Campaign Finance Timeline, 1999] One example held up to scrutiny is the 1936 donation of $500,000 in union funds to the Democratic Party by John L. Lewis of the Congress of Industrial Organizations (CIO). [Connecticut Network, 2006 ] Motivated by anti-union and anti-liberal sentiment after the war’s end, the Taft-Hartley Act (see June 23, 1947) will make the ban permanent. [Campaign Finance Timeline, 1999]
Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal. [Source: Associated Press]Marine interrogator Major Sherwood F. Moran writes an informal memo for use by other interrogators. Moran is a legendary figure among Marines, renowned for his ability to coax information from the most reluctant or resistant Japanese captive, even during the height of battle, and often using his knowledge of, and respect for, Japanese culture to his advantage. His memo will remain relatively unknown outside the Marine Corps until the summer of 2003, when it will be included in the archives of the Marine Corps Interrogator Translator Teams Association. The memo, titled “Suggestions for Japanese Interpreters Based on Work in the Field,” is remarkable for its insistence that treating prisoners with humanity and respect works far better than “harsh” interrogation methods. Author Ulrich Straus, an expert on Japanese POWs held in US captivity during World War II, will later write that Moran “was a particularly effective interrogator because he treated each prisoner as another human rather than as the enemy.” In 2005, after the Abu Ghraib scandals become media fodder, military historian Stephen Budiansky will write: “Six months before the abuses at Abu Ghraib prison broke into public view, a small and fairly obscure private association of United States Marine Corps members posted on its Web site a document on how to get enemy POWs to talk. The document described a situation very similar to the one the United States faces in the insurgencies in Iraq and Afghanistan: a fanatical and implacable enemy, intense pressure to achieve quick results, a brutal war in which the old rules no longer seem to apply.… Moran, the report’s author, noted that despite the complexities and difficulties of dealing with an enemy from such a hostile and alien culture, some American interrogators consistently managed to extract useful information from prisoners. The successful interrogators all had one thing in common in the way they approached their subjects. They were nice to them. Moran was writing in 1943, and he was describing his own, already legendary methods of interrogating Japanese prisoners of war. More than a half century later his report remains something of a cult classic for military interrogators.” [David R. Moran, 2005]
Human-to-Human Attitude - Moran writes that the best interrogators (whom he says should consider themselves “interviewers”) become “wooers” of their captives, coaxing information rather than attempting to force confessions. Most important, Moran writes, is the interrogator’s attitude towards his prisoner. “Many people, I suppose, would on first thought think ‘attitude’ had nothing to do with it; that all one needs is a knowledge of the language, then shoot out questions, and expect and demand a reply,” he writes. “Of course that is a very unthinking and naive point of view.” Just as important, Moran writes, is a sympathy and understanding of the captive’s culture. A superior or demeaning attitude breeds nothing but antagonism and resistance.
Speaking the Language of the Captive - Almost as important, Moran notes, is the interrogator’s ability to speak directly to the captive in his own language, without the need for translators. An interrogator should speak the language fluently and idiomatically, or, when that is not possible, to at least have some command over common phrases. “After all, the first and most important victory for the interviewer to try to achieve is to get into the mind and into the heart of the person being interviewed,” he writes.
Hidden System - Fellow feelings and warm sympathy towards the captive are necessary, but not the entire package. While the captive, or an outside observer, might believe that the interrogator is merely indulging in friendly chit-chat, the interrogator must have an agenda and a plan in place at all times. “[I]n the workings of your mind you must be a model of system,” Moran says. “You must know exactly what information you want, and come back to it repeatedly. Don’t let your warm human interest, your genuine interest in the prisoner, cause you to be sidetracked by him! You should be hard-boiled but not half-baked. Deep human sympathy can go with a business-like, systematic, and ruthlessly persistent approach.”
Short-Circuiting Patriotic Defensiveness - To emphasize that your side, your nation, or your culture is superior—in essence, the “conquerors” of the captive’s military or his nation—is counterproductive, Moran writes. “To emphasize that we are enemies, to emphasize that he is in the presence of his conqueror, etc., puts him psychologically in the position of being on the defensive, and that because he is talking to a most-patient enemy and conqueror he has no right and desire to tell anything,” he writes.
Breaking Recalcitrant Prisoners - Sometimes even the best interrogators come up against recalcitrant prisoners who flatly refuse, for patriotic reasons or what Moran calls “conscientious scruples,” to give any information. In these cases, Moran writes, harsh or physical techniques of intelligence extraction are counterproductive. Instead, he writes, with his Japanese captives he is often able to shame the prisoner into cooperating. Reminding the captive that he has been treated humanely, has been treated with kindness and courtesy, implies a quid pro quo—not the threat of having this treatment withdrawn if cooperation is not forthcoming, but a matter of the captive returning the interrogator’s courtesy with information. [Moran, 7/17/1943 ]
The US Supreme Court upholds by a 6-3 vote the legitimacy of Executive Order 9066 issued by President Franklin Roosevelt on February 19, 1942 that mandated all Americans of Japanese heritage to report to internment camps during World War II. Writing for the Court in the case of Korematsu v. United States, Justice Hugo Black finds that an executive order based on race is “suspect,” but says that the “emergency circumstances” of wartime make the order necessary and constitutional. Forty-four years later, in 1988, Congress will formally apologize and issue monetary reparations to Japanese-American families who had been forced into the camps. [PBS, 12/2006; Los Angeles Times, 5/24/2011] In 2011, acting Solicitor General Neal Katyal will state that his predecessor during the case, Charles Fahy, deliberately hid evidence from the Court that concluded Japanese-Americans posed no security or military threat. The report from the Office of Naval Intelligence (ONI) found that no evidence of Japanese-American disloyalty existed, and that no Japanese-Americans had acted as spies or had signaled enemy submarines, as some at the time believed. Katyal will say that he has a “duty of absolute candor in our representations to the Court.” Katyal will say that two government lawyers informed Fahy he was engaging in “suppression of evidence,” but Fahy refused to give the report to the Court. Instead, Fahy told the Court that the forced internment of Japanese-Americans was a “military necessity.” Fahy’s arguments swayed the Court’s opinion, Katyal will state. “It seemed obvious to me we had made a mistake. The duty of candor wasn’t met,” Katyal will say. [Los Angeles Times, 5/24/2011]
The first “political action committee,” or PAC, is formed by the Congress of Industrial Organizations (CIO), a powerful labor union, on behalf of the efforts to re-elect President Franklin D. Roosevelt. PAC donations come from voluntary contributions and not labor dues, and therefore the donations are not prohibited (see June 25, 1943). [Center for Responsive Politics, 2002 ; National Public Radio, 2012]
Ho Chi Minh is leading the Vietminh—a popular movement of Catholics, Buddhists, small businessmen, communists and farmers—in their fight for Vietnam’s independence from the French. He makes a dozen appeals to US President Roosevelt, Secretary of State Cordell Hull, and the Senate Foreign Affairs Committee for help, insisting he is not a communist and suggesting that Indochina could be a “fertile field for American capital and enterprise.” He even mentions the possibility of allowing a US base in Camranh Bay. Likewise, US diplomats in Vietnam in their communications to Washington note that he has no direct ties to the Soviet Union and that he is a “symbol of nationalism and the struggle for freedom to the overwhelming majority of the population.” Major Archimedes L. A. Patti of the Office of Strategic Services (OSS) later writes that Ho “pleaded not for military or economic aid,… but for understanding, for moral support, for a voice in the forum of western democracies. But the United States would not read his mail because, as I was informed, the DRV Government was not recognized by the United States and it would be ‘improper’ for the president or anyone in authority to acknowledge such correspondence.” Instead, the US will help the French—even offering them two atomic bombs. Ho Chi Minh is eventually forced in 1950 to look to the USSR and China for support. [Herring, 1986, pp. 10; Pilger, 1986, pp. 188]
For most of the war, Britain ignores Albania, and does not recognize a government in exile under Ahmet Zog. Albanian communist leader Enver Hoxha will later say that Greece would have considered such a move a hostile act by the British. By 1942 at the latest, the British expected a Balkan Federation of Albania, Bulgaria, Greece, and Yugoslavia to be formed after liberation. The War Office sends a memo to an office in Bari, Italy, in 1944 admitting that Britain cannot stop the partisans from winning political power and seeking Soviet assistance, so, “We must therefore aim at strengthening our position with partisans now in order that after the war we may be able to influence the partisan government.” By this point, envoys from the Special Operations Executive division, as well as some American envoys, are with the major Albanian political groups and they are receiving British aid. The envoys to the Partisans accept the War Office’s decision, but those with other groups believe more should have been done, up to a British or American landing in the fall of 1944 as happened in Greece. British army officer Julian Amery will later write: “Firstly, it was wrong to abandon the Albanians to Hoxha’s evil regime and Stalin’s imperial designs. Secondly, [Vlora] and [Sazan Island] control the Strait of Otranto, the entrance to the Adriatic, an important naval gateway.” [Kola, 2003, pp. 67-70]
The British envoys to the Partisans oppose the fighting between the Partisans and other groups, and threaten to cut off military aid to the Partisans. A circular from the Central Committee of the CPA to local groups says “the British mission is attempting to revive and reinforce the reactionary movement against the national liberation movement,” and “they should in no way be regarded as arbiters” and will be deported if they interfere in internal affairs. Rumors begin to circulate as early as September that an Allied army will land in Albania, and local communists are told to make sure any Allied force finds the National Liberation Council and Army “as the sole state power.” There are also fears of a government in exile or a government created after a landing. In response, the British and American envoys are watched and not allowed to roam at large. [PLA, 1971, pp. 181 -182; Hoxha, 1974, pp. 193 - 195; Kola, 2003, pp. 69-70]
The US Supreme Court stops political parties in Texas from discriminating based on race. In the case of Smith v. Allwright, the Court rules that the Texas Democratic Party may not prohibit African-Americans from membership and from participating in primary elections. The Court bases its ruling on the Fifteenth Amendment (see February 26, 1869), and overturns its decision in the 1935 Grovey v. Townsend case. [PBS, 12/2006; American Civil Liberties Union, 2012]
The chief of the State Department’s Division of Near Eastern Affairs, writes in a memo that the oil resources of Saudi Arabia are a “stupendous source of strategic power and one of the greatest material prizes in world history.” [Curtis, 1995, pp. 21; Muttitt, 2005]
The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).
Portion of a 1955 cartoon warning against the evils of three government health programs, including water fluoridation. [Source: Spectator]As World War II is coming to a close, the US Public Health Service (USPHS) begins a pilot program in Michigan to add fluoride to selected cities’ water supply, as a tooth-decay preventative. By 1950, 87 American towns and cities volunteer to have the agency fluoridate their water supply. By the early 1950s, water fluoridation is compulsory. Studies show that children between the ages of 5 and 9 show significantly smaller rates of cavities and tooth decay when they regularly drink fluoridated water, though studies of older children and adults are less clear. As the federal government begins rolling out its mandatory fluoridation program, far-right organizations such as the John Birch Society (JBS—see March 10, 1961 and December 2011) and the Ku Klux Klan (KKK) begin taking rigid stances against it. The JBS, a staunchly anti-Communist organization, accuses the federal government of imposing “creeping socialism” and “Soviet Communism” on the nation by making fluoridated water mandatory, and warns Americans against the government “polluting our precious bodily fluids.” (In 1993, JBS member Murray N. Rothbard differentiates between the brands of communism at work, saying, “[N]o, not Bolsheviks, guys: but a Menshevik-State Capitalist alliance.”) The JBS, in accusations later echoed by Rothbard, accuses the government of working with aluminum manufacturer Alcoa to dump sodium fluoride, a byproduct of aluminum manufacturing, into the nation’s water supply and rid Alcoa of the cost of disposing of the substance. The 1964 satirical film Dr. Strangelove features a character, General Jack D. Ripper, shouting, “Do you realize that fluoridation is the most monstrously conceived and dangerous Communist plot we have ever had to face?” [New American, 1/1993; Reason, 12/5/2001; Hileman, 5/2008] In 1988, the Fluoride Action Network notes that the two opposing camps—fluoridation is beneficial and has no side effects vs. fluoridation is useless and harmful—have fought to an argumentative standstill, with no middle ground between the two. Jacqueline Warren, an attorney with the National Resources Defense Council, says, “Neither side has given the other one rational moment.” [Hileman, 5/2008] In the early 1990s, environmentalist and public health safety groups begin calling for new examinations of the impact of fluoride on the human body, pointing to “valid concerns” about fluoride having a toxic impact on the human body and on the environment. In 2008, one JBS member warns, perhaps sardonically, “Don’t be surprised if we learn soon that the fluoride in Chinese toothpaste is nuclear waste from North Korea.” [Reason, 12/5/2001; Mother Jones, 5/2008]
Enver Hoxha, as Chairman of the Council of Ministers of the Democratic Government of Albania, writes to the UK, USSR, and USA seeking formal recognition. In part he says: “Now that Albania is liberated, the Democratic Government of Albania is the sole representative of Albania both at home and abroad.… Today the authority of our government extends over all regions of Albania, and over the entire Albanian people.” He reiterates Albania’s dedication to “the great cause of the anti-fascist bloc,” and the government’s “democratic principles” and defense of “the rights of man.” A few months later Yugoslavia will recognize the Hoxha government, along with the USSR and Poland, but it will be years before the UK and USA do so. [Hoxha, 1974, pp. 413-416]
Crash by a US Army B-25 bomber on July 28, 1945. [Source: NPR]A B-25 bomber crashes into the Empire State Building in New York City on July 28, 1945, causing 14 deaths. Lieutenant Colonel William Franklin Smith Jr. is piloting a B-25 Mitchell bomber on a routine personnel transport mission from Boston to LaGuardia Airport. Smith asks for clearance to land, but is advised of zero visibility. Proceeding anyway, he is disoriented by the fog, and starts turning right instead of left after passing the Chrysler Building. At 9:40 a.m., the plane crashes into the north side of the Empire State Building, between the 78th and 80th floors, carving an 18-foot hole in the building where the offices of the National Catholic Welfare Council are located. One engine shoots through the side opposite the impact. It flies as far as the next block where it lands on the roof of a nearby building and starts a fire that destroys a penthouse. The other engine and part of the landing gear plummet down an elevator shaft. The resulting fire is extinguished in 40 minutes. It is the only fire at such a height that is ever successfully controlled. Fourteen people are killed in the incident and one person is injured. Despite the damage and loss of life, the building opens for business on many floors the following Monday. The crash helps spur the passage of the long-pending Federal Tort Claims Act of 1946, allowing people to sue the government for the accident. [National Public Radio, 7/28/2008]
The New World News, a British Moral Rearmament publication, prints what it calls the “Communist Rules for Revolution,” claiming that the “rules” were captured during a raid on a German Communist organization’s headquarters in Dusseldorf in 1919 by Allied forces during World War I, and published in the Bartlesville, Oklahoma (US) Examiner-Enterprise that same year. In 1946, the NWN writes, the attorney general of Florida, George A. Brautigam, obtained them from a known member of the Communist Party, who told him that the “Rules” were then still a part of the Communist program for the United States. According to the NWN, the “Rules” are as follows:
Corrupt the young; get them away from religion. Get them interested in sex. Make them superficial; destroy their ruggedness.
Get control of all means of publicity, thereby:
Get people’s minds off their government by focusing their attention on athletics, sexy books, plays, and immoral movies.
Divide the people into hostile groups by constantly harping on controversial matters of no importance.
Destroy the people’s faith in their natural leaders by holding the latter up to contempt, ridicule, and obloquy.
Always preach true democracy, but seize power as fast and as ruthlessly as possible.
By encouraging government extravagance, destroy its credit, produce years of inflation with rising prices and general discontent.
Incite unnecessary strikes in vital industries, encourage civil disorders, and foster a lenient and soft attitude on the part of government toward such disorders.
Cause breakdown of the old moral values—honesty, sobriety, self-restraint, faith in the pledged word, ruggedness.
Cause the registration of all firearms on some pretext, with a view to confiscating them and leaving the populace helpless.
The “Rules” are a hoax invented by NWN writers: there was no German Communist “Spartacist” headquarters in Dusseldorf, the Examiner-Enterprise never published such a document, and Russian experts at the University of Chicago will label them an “obvious fraud,” “an obvious fabrication,” and “an implausible concoction of American fears and phobias.” In 1970, the New York Times will investigate the document; no copies of it exist in the National Archives, the Library of Congress, or any of the university libraries it examines. Montana Senator Lee Metcalf (D-MT) will look into the document’s existence around the same time, and will learn that both the FBI and CIA have already investigated it and found it to be “completely spurious.” (Brautigam did endorse the “Rules,” and his statement and signature avowing the legitimacy of the “Rules” will give the document a veneer of legitimacy.) However, the “Rules” will continue to be used to claim that Communists are for a number of ideas unpopular among European and American conservatives, most frequently gun control and sex education. The National Rifle Association is one organization that frequently cites the “Rules” in its arguments against gun-control legislation, citing the Communists’ “secret plans” to “confiscate” Americans’ guns and thus “leav[e] the populace helpless.” American and British lawmakers regularly receive copies of the “Rules” in letters and faxes citing their opposition to gun control, sex education, support for labor, or other “Communist” ideals or entities. In 1992, University of Oklahoma political science professor John George and his co-author Laird Wilcox will write in their book Nazis, Communists, Klansmen, and Others on the Fringe, “Widely distributed since the mid-forties, the ‘rules’ have been trundled out at various times when they ‘fit’ or ‘explain’ the issues of the day, especially to argue against firearms control and sex education.” In April 1996, George will say: “These people [meaning far-right American extremists] would love for the document to be real. But it has been exposed again and again as a phony.” Folklorist Jan Harold Brunvand will write: “The rules have to do with dividing people into hostile groups, encouraging government extravagance, and fomenting unnecessary ‘strikes’ in vital industries. What we have lost, the list suggests, is a world without dissent, budget deficits, inflation, and labor unrest. I just can’t remember any such Golden Age.” [Stickney, 1996, pp. xx; Free Inquiry, 1999; Rosa Luxemburg, 2003; Snopes (.com), 7/10/2007]
A federal court rules in King v. Chapman that whites-only primary elections in Georgia are unconstitutional. The court rules, “The exclusions of voters made by the party by the primary rules become exclusions enforced by the state and when these exclusions are prohibited by the Fifteenth Amendment (see February 26, 1869) based on race or color, the persons making them effective violate under color of state law a right secured by the Constitution and laws of the United States within the meaning of the statute.” [American Civil Liberties Union, 2012]
Albania is allowed to participate in the Paris Peace Conference, regarding the post-war settlements between the Allies and Italy, Bulgaria, Romania, Hungary, and Finland, but is not a full participant, instead being classed with Austria. The Albanian government argues that it was a full member of the Allied effort, fielding 70,000 Albanian Partisans, including 6,000 women, against around 100,000 Italians and 70,000 Germans. It says Italy and Germany suffered 53,639 casualties and prisoners and lost 100 armored vehicles, 1,334 artillery pieces, 1,934 trucks, and 2,855 machine guns destroyed or taken in Albania. Out of its population of one million, Albania says 28,000 were killed, 12,600 wounded, 10,000 were political prisoners, and 35,000 were made to do forced labor. Albania says 850 out of 2,500 of its communities were destroyed by the war.
Disputed by Greece - To oppose Albania’s demands, Greece argues that Albania is at war with it. Greece also claims Gjirokastra and Korca, south of the Shkumbin River, and there is some fighting along the border. By 11 votes to seven, with two abstentions, the conference votes to discuss Greece’s territorial claims. Italian King Victor Emmanuel III blames Albania for the invasion of Greece, and Greece points to a declaration of war by the Albanian occupation government after Daut Hoxha was found murdered at the border in summer 1940.
Hoxha's Address - Enver Hoxha addresses the conference. He points to hundreds of Albanians conscripted by Italy who deserted or joined the Greeks, who then treated them as POWs. Many were later sent to Crete and joined British forces who landed there. Others joined the Albanian Partisans or were captured by Italy, court-martialed for “high treason,” and imprisoned in the Shijak concentration camp. There are other cases of attacks on Italian forces by Albanian soldiers. Hoxha also mentions attacks on Albania by Greeks, such as the over 50 homes in Konispol burned by German soldiers guided by a captain under Greek collaborationist General Napoleon Zervas on September 8, 1943. His forces also joined German forces in their winter 1943-44 Albanian offensive. They invaded and burned again in June 1944. Hoxha refutes Greek claims that Albania is treading on the rights of the Greek minority, which Albania numbers at 35,000. There are 79 schools using Greek, one secondary school, autonomous Greek local government, and Greeks in the government and military. Between 1913 and 1923, Hoxha claims there were 60,000 Albanians in Greece, 35,000 of whom were classified as Turks and deported to Turkey in exchange for Turkish Greeks. In June 1944 and March 1945 Zervas’ forces attacked Greek Albanians, and at least 20,000 fled to Albania. Hoxha will later say that what Albania terms the “monarcho-fascist” Greek government commits 683 military provocations against Albania from its founding to October 15, 1948. Hoxha claims the Greek prime minister tells a Yugoslav official at the Peace Conference that he is open to dividing Albania with Yugoslavia, but Yugoslavia refuses. Hoxha tells the conference, “We solemnly declare that within our present borders there is not one square inch of foreign soil, and we will never permit anyone to encroach upon them, for to us they are sacred.” Italy is accused of harboring Albanian and Italian war criminals, including “fascists” who assassinated an Albanian sergeant at the Allied Mediterranean High Command in Bari in March. The Italian politicians are accused of threatening Albania during recent elections. In conclusion, Hoxha asks that the Peace Conference further limit Italy’s post-war military, claims Italy committed 3,544,232,626 gold francs worth of damage in Albania, and Albania wants to be classified as an “associated power.”
US, British Opposition - These requests are opposed by the UK and US. Albania afterward considers its share of the reparations to be too low. The UK and US will later oppose Albanian participation in the Moscow conference on peace with Germany, held in March-April 1947. An American delegate will say: “We are of the opinion that, first, Albania is not a neighbor of Germany, and second, it did not take part in the war against Germany. Only some individual Albanians, perhaps, took part in this war, but apart from this there were also Albanians who fought side by side with the Germans.” [PLA, 1971, pp. 258; Hoxha, 1974, pp. 539-542, 593-614; Hoxha, 1975, pp. 90-91, 99]
Entity Tags: Turkey, Greece, Germany, Enver Hoxha, Daut Hoxha, Albanian Partisans, Albania, Italy, Napoleon Zervas, Victor Emmanuel III, Union of Soviet Socialist Republics, Yugoslavia, United States of America, United Kingdom
Timeline Tags: Kosovar Albanian Struggle
In what Albania considers another Anglo-American plot to prepare the way for intervention, about 450 counterrevolutionaries organized in three forces again assault the city of Shkodra in northwest Albania. The attack is defeated by the military within hours, killing 33 rebels. Eight leaders are tried in a military court and shot, and 200 others are tried, but some are later released. The government also links the attack to an anti-government group in the legislature. [Hoxha, 1975, pp. 83, 103]
In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]
Japanese soldier Chinsaku Yuki is tried by the US for war crimes involving, among other offenses, waterboarding Filipino civilians. One of his victims is lawyer Ramon Navarro. During the trial, Navarro recalls being waterboarded by Yuki. “When Yuki could not get anything out of me, he wanted the interpreter to place me down below,” he tells the court. “And I was told by Yuki to take off all my clothes, so what I did was to take off my clothes as ordered. I was ordered to lay on a bench and Yuki tied my feet, hands, and neck to that bench, lying with my face upward. After I was tied to the bench, Yuki placed some cloth on my face. And then with water from the faucet, they poured on me until I became unconscious. He repeated that four or five times.” Asked if he could breathe, Navarro says: “No, I could not, and so I, for a time, lost consciousness. I found my consciousness came back again and found Yuki was sitting on my stomach. And then I vomited the water from my stomach, and the consciousness came back again for me. [The water came f]rom my mouth and all openings of my face… and then Yuki would repeat the same treatment and the same procedure to me until I became unconscious again.” Navarro recalls he was tortured like this “four or five times.” He says he lied to Yuki to end the torment: “When I was not able to endure his punishment which I received, I told a lie to Yuki.… I could not really show anything to Yuki, because I was really lying just to stop the torture.” He describes the waterboarding as “[n]ot so painful, but one becomes unconscious—like drowning in the water.… Drowning. You could hardly breathe.” Yuki is sentenced to life in prison for a variety of war crimes, including his torture of Navarro. [National Public Radio, 11/3/2007]
The Taft-Hartley Act makes permanent the ban on contributions to federal candidates from unions (see June 25, 1943), corporations, and interstate banks (see 1925), and extends the regulations to cover primaries as well as general elections. It also requires union leaders to affirm that they are not supporters of the Communist Party. President Harry S. Truman unsuccessfully vetoed the bill when it was sent to his desk, and when Congress passes it over his veto, he echoes AFL-CIO leader John L. Lewis by denouncing the law as a “slave-labor bill.” Taft-Hartley declares the unions’ practice of “closed shops” illegal (employers agreeing with unions to hire only union members, and require employees to join the union), and permits unions to have chapters at a business only if approved by a majority of employees. The law also permits employers to refuse to bargain with unions if they choose. And, it grants the US attorney general the power to obtain an 80-day injunction if in his judgment a threatened or actual strike “imperil[s] the national health or safety.” [Federal Elections Commission, 1998; U-S History (.com), 2001; Center for Responsive Politics, 2002 ; John Simkin, 2008]
A federal court invalidates South Carolina’s effort to save its whites-only primary elections (see April 1, 1946). South Carolina attempted to remove federal court jurisdiction from its primaries, and save its discriminatory primary system, by repealing all of its primary laws. However, the court ruling in Elmore v. Rice invalidates the whites-only system. George Elmore, one of the plaintiffs in the case, is an African-American elector forbidden by South Carolina law from voting in the Democratic primary election. NAACP lawyer Thurgood Marshall is one of the lead attorneys for the plaintiffs. [ELMORE v. RICE, 2010; American Civil Liberties Union, 2012] Elmore and his family are persecuted by members of the Ku Klux Klan after the ruling. [South Carolina African American History Calendar, 2007 ]
President Harry Truman signs the National Security Act of 1947, reorganizing the military and overhauling the government’s foreign policy-making bureaucracy. The act gives birth to three major organizations: the Department of Defense (DOD), the Central Intelligence Agency (CIA) and the National Security Council (NSC). The DOD unifies the three branches of the military—the Army, Navy and Air Force—into a single department overseen by a secretary of defense. The act establishes a separate agency, the CIA, to oversee all overt and covert intelligence operations. The act forms the NSC to directly advise the President on all matters of defense and foreign policy. In addition, the act establishes the National Security Resources Board (NSRB) to advise the President “concerning the coordination of military, industrial, and civilian mobilization” in times of war. Should the nation come under attack, the NSRB will be in charge of allocating essential resources and overseeing “the strategic relocation of industries, services, government, and economic activities, the continuous operation of which is essential to the Nation’s security.” [US Congress. House. Senate., 7/26/1947; Trager, 11/1977]
President Harry Truman triumphantly displays a newspaper headline declaring victory for his opponent, Thomas Dewey. Dewey lost the election. [Source: Electoral-Vote (.com)]Advertising executive Thomas Rosser Reeves Jr. approaches Republican presidential candidate Thomas Dewey and offers to produce television ads for the Dewey campaign. Dewey is even with Democratic incumbent Harry Truman in the polls. “This could be a close election,” Reeves says. “I can pretty much tell which states are going to be close. If you would start two or three weeks before Election Day and saturate those critical states with spots, it could swing the election.” Reeves may be aware of the powerful impact negative newsreels had on the 1934 California gubernatorial election (see 1934). Dewey refuses, saying, “I don’t think it would be dignified.” Dewey subsequently loses one of the closest presidential elections in US history. In 1990, media pundit Roger Simon will write: “In 1948 there were fewer than 500,000 TV sets in America. Four years later there were nearly 19 million. And nobody ever said no to television again.” [Regardie's Magazine, 10/1/1990]
In a letter dated January 26, 1948, and delivered by Yugoslav General Milan Kupresanin, Tito tells Albanian leader Enver Hoxha that Greece, aided by the British and Americans, is about to invade Albania, so Yugoslavia wants to quietly station a division and supporting soldiers in the Korca region. Academic Paulin Kola will later claim that Albania proposes that the Albanian and Yugoslav soldiers should be under a unified command, as a step towards military unification. In his memoir, The Titoites, Hoxha will say that he tells Kupresanin that the request has to be discussed by the leadership and that he personally is against it. Kristo Themelko and Chief of the Albanian General Staff Beqir Balluku, who replaced Hoxha ally Mehmet Shehu, previously met with Tito and said Albania would accept the military assistance. Kupresanin comes with a team to survey the area. Hoxha replies that Albania can defend itself, the Greek government forces are wrapped up in an offensive against the Greek Democratic Army, the plan should not be hidden from the Albanian public, and that hosting the division would destabilize the region. Hoxha says to Kupresanin that “the worst thing would be if, from such a precipitate action, enemies or friends were to accuse us that Albania has been occupied by the Yugoslav troops!” and says Kupresanin briefly blanched. Xoci Xoxe is also at the meeting and supports the Yugoslav request, and says action should be taken quickly. Kupresanin is insulted when Hoxha says Yugoslavia should reinforce its own border with Greece if war is so imminent. Privately, Hoxha believes that “the urgent dispatch of Yugoslav to our territory would serve as an open blackmail to ensure that matters in the [Eighth] Plenum would go in the way that suited the Yugoslavs.” In a report to the Tirana party organization on October 4, 1948, Hoxha will say Yugoslavia was seeking to create “a phobia of imminent war” and divide Albania from the Soviets by “the stationing of a Yugoslav division in Korca and the dispatch of other divisions.” Since he cannot stop the Plenum from being held in February, he tries to stop the division from being approved, by requesting advice from the Soviets. The Soviet government subsequently says it does not expect a Greek invasion and that it agrees with Hoxha. In With Stalin, Hoxha will say that Stalin will tell him in spring 1949 that the USSR was not aware of the situation, though Yugoslavia claimed to be acting with Soviet approval.
Yugoslav Accounts - Subsequent memoirs by Yugoslav leaders Milovan Djilas, Edvard Kardelj, and Vladimir Dedjier will say that Albania was already hosting a Yugoslav air force regiment, and that Yugoslavia wanted to station two army divisions, at Albania’s request. Dedjier says that Stalin wanted Hoxha to make the request, and Jon Holliday will later outline several interpretations, based on the various possibly inaccurate accounts.
The Yugoslav Reaction - According to Hoxha’s report to the Tirana party organization, after Albania rejects the division, the Yugoslav envoy, presumably Kupresanin, calls for reorganization of the Albanian military, new roads and bridges to accommodate Yugoslav tanks, stringing new telegraph wires, and the mobilization of 10,000 soldiers and mules for transport, over two to three months. The Yugoslav also says Albania should tell the Soviets that it wants the Yugoslav division and ask why the Soviets oppose it. He asserts that Albania would only be able to defend itself for 10 days, while it would take 15 days for Yugoslav forces to reach southern Albania, and the UN would get involved, preventing Yugoslav intervention, which would be Hoxha’s fault. Albania agrees to make improvements and mobilize the soldiers and mules, on Yugoslav credits. Hoxha says the Yugoslavs are working through Kristo Themelko, who two or three times tells the Political Bureau that Albania needs to unify with Yugoslavia to carry out these measures. After March 30, Yugoslavia will reduce its involvement with Albania after a critical letter from the Central Committee of the CPSU(B) to the Central Committee of the Communist Party of Yugoslavia. [Hoxha, 1974, pp. 763 - 767; Hoxha, 1979, pp. 92-93; Hoxha, 1982, pp. 439-446; Halliday and Hoxha, 1986, pp. 106-108; Kola, 2003, pp. 93]
Entity Tags: Milovan Djilas, Paulin Kola, Greece, Milan Kupresanin, Mehmet Shehu, League of Communists of Yugoslavia, Soviet Communist Party, Josip Broz Tito, Kristo Themelko, Union of Soviet Socialist Republics, United Kingdom, United Nations, Albania, Beqir Balluku, Eduard Kardelj, Enver Hoxha, Yugoslavia, Jon Halliday, United States of America, Vladimir Dedijer, Greek Democratic Army
Timeline Tags: Kosovar Albanian Struggle
US State Department spokesman Richard Browning says of Italy’s upcoming elections, “The United States is making it crystal clear that it will use force if necessary to prevent Italy from going communist in its upcoming elections.” The CIA will spend $20 million to ensure that the Christian Democrats win control of the country’s government. [Hunt, 9/1/2009, pp. 5]
A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]
Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York
Timeline Tags: Civil Liberties
Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]
The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]
Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).
The Federal Communications Commission (FCC) enacts the Fairness Doctrine, which enjoins American television and radio networks to give “reasonable opportunities” for differing viewpoints on controversial political and social issues to be aired. The Fairness Doctrine has two basic elements: broadcasters must devote some of their airtime to discussions of controversial matters of public interest, and they must air contrasting views regarding those matters. Stations have a wide latitude as to how to provide those contrasting views, in news segments, editorials, or public affairs shows. The rule comes from a 1928 practice adopted by the forerunner of the FCC, the Federal Radio Commission (FRC), which called for broadcasters to show “due regard for the opinions of others.” [Fairness and Accuracy in Reporting, 2/12/2005; Jamieson and Cappella, 2008, pp. 45] The FCC views station licensees as “public trustees,” and as such have an obligation to afford reasonable opportunity for discussion of contrasting points of view on controversial issues of public importance. [Museum of Broadcasting, 1/27/2008] In 2005, communications law expert Steve Rendell will write: “There are many misconceptions about the Fairness Doctrine. For instance, it did not require that each program be internally balanced, nor did it mandate equal time for opposing points of view. And it didn’t require that the balance of a station’s program lineup be anything like 50/50. Nor, as Rush Limbaugh has repeatedly claimed, was the Fairness Doctrine all that stood between conservative talkshow hosts and the dominance they would attain after the doctrine’s repeal. In fact, not one Fairness Doctrine decision issued by the FCC had ever concerned itself with talkshows. Indeed, the talkshow format was born and flourished while the doctrine was in operation. Before the doctrine was repealed, right-wing hosts frequently dominated talkshow schedules, even in liberal cities, but none was ever muzzled… The Fairness Doctrine simply prohibited stations from broadcasting from a single perspective, day after day, without presenting opposing views.” Rendell will note that the Fairness Doctrine has won support from organizations on all sides of the political and social spectrum. [Fairness and Accuracy in Reporting, 2/12/2005]
The National Security Resources Board (NSRB) adopts a national censorship plan designed to restrict the free flow of information to the public in the event of a national emergency or war. The government assumes the power to censor communications and suspend freedoms of the press. An NSRB document outlining the program says censorship may be activated in a “time of war or of national emergency proclaimed by the president and found by him to arise from the use or threat of force by a foreign power.” The new NSRB plan is an extension of a program established during World War II. Author Ted Galen Carpenter will later comment: “Although advocates of censorship habitually insisted that it would only by invoked during wartime, the guidelines contained no such limitation. A declaration of war was not required; merely a declaration of emergency arising from a perceived foreign menace.” [Carpenter, 1995, pp. 112-113]
Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]
Novelist and political activist Howard Fast, an avowed Communist who writes regularly for the pro-Stalinist Daily Worker, agrees to speak at a concert featuring baritone Paul Robeson and folk singer Pete Seeger. The concert is organized by a group called People’s Artists, and slated to take place at a picnic ground just north of Peekskill, New York. The concert is to benefit a group called the Civil Rights Congress, fighting for a stay of execution for six African-American youths sentenced to death in New Jersey.
Volatile Mix of Ideologies, Ethnicities - The Peekskill area is a well-known vacation place for African-Americans. The area itself is populated by large and antagonistic groups of conservatives of ethnic minority backgrounds, and leftists, most of them Jewish and many from New York City, who live in the area either all year or as summer residents. Parts of Peekskill, Fast later writes, have been “bypassed by the rush of American industrial development” and are home to large numbers of unemployed and underemployed rural Americans. Before the concert begins that evening, Fast learns that the Peekskill Evening Star has been running inflammatory editorials calling for the local populace to come out in protest at the “anti-American” and “subversive” concert—“every ticket purchased for the Peekskill concert will drop nickels and dimes into the basket of an un-American political organization… the time for tolerant silence that signifies approval is running out,” one editorial reads—and the American Legion is planning a march to “vehemently oppose” Robeson’s appearance. “Let us leave no doubt in their minds that they are unwelcome around here either now or in the future,” the local Legion chapter commander, Edward Boyle, writes in a letter published by the Evening Star. Fast reads through a week’s worth of editorials in the Evening Star, finding instances of what he calls “anti-Semitism and anti-Negroism… anti-Communism [and] anti-humanism.” [Fast, 1951; American Heritage, 3/1976; White Plains Reporter Dispatch, 9/5/1982]
Paul Robeson - Robeson is a vibrant figure among American leftists and radicals: the son of a runaway slave; an all-American football player at Rutgers; the first African-American to play the title role of “Othello” in a mainstream theatrical production; a world-renowned singer; and an avowed Marxist who has spent extensive amounts of time in the Soviet Union. Previously lionized by many Americans, his popularity soured when, after World War II, he began speaking out ever more forcefully in favor of the Soviet way of life, and against American capitalism and democracy. As a result, Robeson is now an extremely controversial and polarizing figure. Many perceive Robeson as author Roger Williams later describes him: “the personification of near-treasonous anti-Americanism.” [American Heritage, 3/1976] The concert never takes place; instead, the grounds and audience are attacked by an angry, violent mob (see August 27, 1949).
Paul Robeson. [Source: Paul Robeson Community Center]A concert organized by various left-wing organizations and slated to take place at a picnic ground near Peekskill, New York (see Mid-August - August 27, 1949) never happens. Instead, the organizers and audience members are attacked by an angry, violent mob.
Mob Attacks - Novelist Howard Fast, who is slated to emcee the concert, arrives at the grounds, and, hearing reports of a mob gathering under the rubric of a “parade,” organizes some 40 “men and boys,” both white and African-American, to defend the women and children coming together in the hollow for the concert. Fast’s fears are quickly realized: a large mob of American Legion members and local citizens, and largely fueled by alcohol, as evidenced by the hundreds of liquor bottles later found strewn throughout the grounds, moves to attack Fast’s group with billy clubs, broken bottles, fence posts, and knives. More by chance than by strategy, Fast’s group finds itself in a defensible position, where it cannot be overwhelmed by sheer numbers. Its members manage to beat back three separate assaults; Fast hears screams from the mob: “We’re Hitler’s boys—Hitler’s boys!” “We’ll finish his job!” “God bless Hitler and f___ you n_____ b_stards and Jew b_stards!” “Lynch Robeson! Give us Robeson! We’ll string that big n_____ up! Give him to us, you b_stards!” “We’ll kill every commie b_stard in America!” “You’re never going out!” “Every n_____ b_stard dies here tonight! Every Jew b_stard dies here tonight!” (Singer and activist Paul Robeson, the concert headliner, is unable to approach the concert venue, and is never in any real danger.) During the assaults, state and local police stand by and do nothing to intervene; local and national reporters jot down notes and take photographs. Late in the evening, someone sets a cross ablaze, prompting Fast’s group to link arms and sing “We Shall Not Be Moved.” Later inquiries by the concert organizers will show that at least three different times during the violence, individuals were able to escape the riots and phone the local and state police, the state attorney general’s office, and the office of the New York governor, “all without result.” No arrests are made and no one is held for questioning, even though, the organizers will find, “14 cars were overturned and at least 13 people were hurt seriously enough to require medical attention.” [Fast, 1951; White Plains Reporter Dispatch, 9/5/1982]
Book Burnings - The fourth and final assault of the night comes in the form of a barrage of rocks and other missiles. Fast’s group runs for the concert venue, where its members mount the platform and once again link arms. Fast and others see some members of the mob find the books and pamphlets brought by the concert organizers; the mob members make a huge pile and set it ablaze. Fast later writes: “[T]o crown our evening, there was re-enacted the monstrous performance of the Nuremberg book burning which had become a world symbol of fascism. Perhaps the nature of fascism is so precise, perhaps its results on human beings are so consistently diseased, that the same symbols must of necessity arise; for standing there, arms linked, we watched the Nuremberg memory come alive again. The fire roared up and the defenders of the ‘American’ way of life seized piles of our books and danced around the blaze, flinging the books into the fire as they danced.” (Upon revisiting the site two days later, Fast will note “at least 40” flashbulbs in and around the ashes, indicating that many photographs were taken of the book burning, but in 1951, he will write that he has yet to see any of those photographs.) [Fast, 1951]
Law Enforcement Intervenes - Three of the most severely wounded of Fast’s group are escorted to safety by federal law enforcement officials, who had watched the proceedings without intervening. The rest are forced to sit while local law enforcement officials investigate the stabbing of one of the mob members, William Secor. (Evidence will show that Secor had been accidentally cut by one of his fellows.) Later, state police escort members of Fast’s group to their vehicles and allow them to drive away. No arrests are made and no one is held for questioning, even though, the organizers will find, “14 cars were overturned and at least 13 people were hurt seriously enough to require medical attention.” The head of the Peekskill American Legion, Milton Flynt, says after the riot, “Our objective was to prevent the Paul Robeson concert, and I think our objective was reached.” [Fast, 1951; White Plains Reporter Dispatch, 9/5/1982] Author Roger Williams will later write of Fast’s descriptions, “Fast’s account, although marred by exaggeration and Marxist rhetoric, is substantially supported by other participants and eyewitnesses.” [American Heritage, 3/1976]
Initial Media Responses Relatively Favorable to Mob - The first media reports and commentary about the concert are far more supportive of the mob (see August 28, 1949, and After) than later examples (see Mid-September 1949).
Second Attempt - Within hours, Fast and the concert organizers decide to reschedule a second concert, this time to be protected by large numbers of burly union workers (see September 4, 1949, and After).
After a concert organized by leftist groups in downstate New York is attacked by an angry, violent mob (see August 27, 1949), initial media reports tend to support the mob and blame the concert organizers for the violence. The New York Times writes that it “regretted” the actions by both the concert organizers and the mob in what it calls “the Peekskill affair.” The New York Herald Tribune says the mob violence was deplorable but “understandable.” Other papers celebrate the violence. Significantly, the New York News reports two days later: “Frank Niedhart, manager of the Niedhart Fife and Drum Corps, today said that his organization did not participate in Saturday night’s anti-Robeson [American Legion] parade because many of the members are minors. He said he did not want to bear the responsibility of possible injury to the youngsters if trouble should develop.” Subsequent media reactions are far more critical of the riots (see Mid-September 1949). [Fast, 1951; White Plains Reporter Dispatch, 9/5/1982] The local district attorney will join the area media in blaming the concert organizers, not the mob, for the violence (see September 1949).
After the mob riots and attacks at Peekskill, New York, that disrupted a concert featuring left-wing activists Paul Robeson and Pete Seeger (see August 27, 1949), novelist Howard Fast, another activist who had successfully organized the concertgoers into resisting the mob attacks, takes part in an August 28 meeting to assess the situation and discuss whether the concert should again be attempted. The meeting attracts over 1,600 people. (One apparently impromptu attack on the group, mounted by what Fast calls “a dozen young hoodlums from Peekskill,” is easily driven back.) The organization behind the concert, People’s Artists, joins with Labor Party and trade union members in deciding to try a second time. Fast agrees to organize the defense. The group gives itself the name “Westchester Committee for Law and Order.” On August 30, Fast joins a large gathering of at least 3,000 people at a Harlem ballroom, where Robeson speaks movingly of the struggle for recognition and against repression.
Organizing for Battle - By week’s end, organizing on both sides is taking place. The local unions are bringing hundreds of brawny workers to the area concert grounds, while the local American Legion, Fast learns, has put out a call for 30,000 veterans to come to the concert and disrupt the proceedings, though as Fast later writes, only about a thousand protesters appear, and he has no way of knowing how many of them, if any, are veterans. A friend, whom Fast does not name, explains why the area’s people may be so willing to answer the mob’s call: “This is a funny neighborhood.… You know, there’s no real industry here except the railroad, and the kids grow up in these river towns with no jobs and no future—just a rotten, perverted petty-bourgeois outlook. They get a job at a gas station or a grocery store or a lunch wagon or with the fire department or some other political handout—or they don’t work and just scrounge around and live off the few dollars they pick up. They get twisted with bitterness, and they don’t know what causes it or where to direct it. Then they hate, and it’s easy for the Legion and the local Chamber of Commerce to use that hate. They’re using it now.” [Fast, 1951; White Plains Reporter Dispatch, 9/5/1982; National Public Radio, 9/5/1999] Announcing the second concert, Communist Party leader Ben Davis says, “Let them touch a hair of Paul Robeson’s head, and they’ll pay a price they never calculated.” [American Heritage, 3/1976] The second concert will be successful (see September 4, 1949) but the audience is attacked, and over 100 injured, upon trying to leave the venue (see September 4, 1949, and After).
A press conference in Paris announces the formation of a National Unity Committee, which includes the Balli Kombetar (National Front), represented by Mit’hat Frasheri, the Legaliteti (Legality), represented by Abaz Kupi, and former King Zog. There is more counter-revolutionary guerilla activity in Yugoslavia than in Albania, which the Yugoslavs attribute to Ballists. After Albania’s break with Yugoslavia the year before, the British and American governments decide to focus on Albania in their plans to use nationalism to end Soviet influence in eastern Europe. They want to do this without revealing their involvement and avoiding another Greek invasion of Albania. Therefore they deny involvement in the formation of the National Unity Committee and the US government says the National Unity Committee is a subcommittee of the Committee for Free Europe. [Kola, 2003, pp. 97-99]
Entity Tags: Committee for Free Europe, Abaz Kupi, Balli Kombetar, Greece, Ahmet Zog I, Legaliteti, National Unity Committee, Yugoslavia, Mit’hat Frasheri, United States of America, Union of Soviet Socialist Republics, United Kingdom
Timeline Tags: Kosovar Albanian Struggle
The Westchester County District Attorney, George Fanelli, reports on the so-called “Peekskill Affair,” in which a concert organized by leftist groups was attacked and halted by an angry, violent mob (see August 27, 1949). According to the New York Compass, the district attorney says “that he didn’t know anything about the disorders but was sure that the concert-goers—and not the veterans or the hoodlums who attacked them—were responsible.” Fanelli later tells the Peekskill Evening Star, “The facts that I now have would indicate that the demonstration by the veterans’ associations was peaceful and orderly, and that after they disbanded the pro-Robesonites provoked the violence when Secor was stabbed by one of their number.” Fanelli uses the term “pro-Robesonites” in reference to Paul Robeson, the African-American singer and pro-Communist activist who was to headline the concert; Secor is William Secor, a mob member who suffered a flesh wound when one of his colleagues accidentally cut him with a knife. [Fast, 1951; White Plains Reporter Dispatch, 9/5/1982]
Hundreds of volunteers, mostly union members, form a “human wall” to defend the concert and its audience from the mob. [Source: Howard Fast]Left-wing activists make a second attempt at holding a concert outside of Peekskill, New York, featuring African-American singer and activist Paul Robeson. After the first one was disrupted by angry mobs (see August 27, 1949), organizers plan for a much more strongly defended second event (see August 28-30, 1949). The venue for the first concert is heavily damaged by the mob’s depredations, so a German-American landowner named Stephen Szego, who escaped Hitler’s Germany years before, agrees to let the concert take place at the now-abandoned Hollow Brook Country Club ground. (Activist and novelist Howard Fast, who helps organize the event and documents it, will later note that Szego will suffer an attempt to burn down his house and has bullets fired through his walls as a result of his generosity.) The defense, organized by dozens of trade union workers, is designed to be unique, Fast will write: “a defense without weapons, a defense, if possible, without a blow being struck, a defense which would achieve its purpose through the highest type of discipline and restraint.” As the opening of the concert approaches, some 25,000 people—far more than the organizers had anticipated—begin streaming into the country club’s grounds; outside the grounds, a large mob begins to grow. In addition, a large and well-armed police contingent is on hand. According to Fast, the opening salvo of rock-throwing from the mob is ordered by the police: “Backed by hundreds of laughing cops, the American Legion heroes lined the road and heaved rocks at our defense line.” The violence escalates when several carloads of latecomers, all African-Americans, are attacked by the mob, pulled out of their cars, and beaten. An apparent assassination attempt against Robeson is thwarted when union workers flush two mob members from what is apparently a sniper’s nest; both are found with high-powered rifles. When Robeson takes the stage to sing, 15 union workers surround him, providing a “human wall,” in Fast’s words, to defend him from any possible sniper’s bullet. Robeson, folk singer Pete Seeger, and other musicians are able to play successfully, even though a police helicopter hovers over the sound truck, apparently trying to drown out the music with the sound of its rotors. Seeger later recalls: “We heard about 150 people standing around the gate shout things like ‘Go back to Russia! K_kes! N_gger-lovers!’ It was a typical KKK crowd, without bedsheets.” [Fast, 1951; American Heritage, 3/1976; White Plains Reporter Dispatch, 9/5/1982; National Public Radio, 9/5/1999] Concertgoers are attacked, beaten, and pelted with rocks by the mob as they attempt to leave the grounds (see September 4, 1949, and After).
Eugene Bullard being beaten by police officers and rioters. [Source: Howard Fast]The second Peekskill concert, organized by left-wing activists and featuring African-American singer Paul Robeson (see September 4, 1949), takes place successfully after the first was disrupted by a large, angry mob (see August 27, 1949). But another mob has gathered, and though they are unsuccessful in stopping the concert from taking place, they are ready for the audience and participants at the concert’s end.
Rock Attacks, Roadblocks - The audience members, with many women and children in their ranks, attempt to leave, mostly by car, and are told by security guards to roll up their windows as they are driving out, as the mob is apparently throwing rocks and other missiles. (A New York Times reporter later writes of the large piles of stones piled up about every 20 feet down one road, apparently placed their ahead of time for use as missiles.) However, the long, slow procession of cars attempting to leave the venue is halted when a small group of police officers attack the cars, including the vehicle bearing Robeson. None of the cars’ occupants are injured, though many windshields are smashed and fenders beaten in. Novelist and concert organizer Howard Fast, driving his own car, turns onto a secondary road to attempt to leave the venue, but his car is assaulted by a knot of six or seven rock throwers, accompanied by two police officers who do not throw rocks. Fast believes the police officers are there to protect the assailants if any of the cars stops to launch a counterattack. Fast will later learn that all of the secondary roads have similar knots of rock-throwing people in place to inflict damage on cars; some are blocked by piles of logs and boulders. He drives through several such ambushes, but he and the people with him escape injury.
145 Reported Injuries - Others are not so lucky; many people, including women and children, are seriously injured by rocks and broken glass. One concert goer, Eugene Bullard, is spat upon by a veteran and spits back; he is thrown to the ground and badly beaten by a group of police officers. Afterwards, Fast will report, the area hospitals quickly fill up with victims of the barrages, “the blinded, the bleeding and the wounded, the cut, lacerated faces, the fractured skulls, the infants with glass in their eyes, the men and women trampled and beaten, the Negroes beaten and mutilated, all the terribly hurt who had come to listen to music.” A union trademan, Sidney Marcus, is wounded so badly by a rock to the face that he requires weeks of reconstructive surgery. Fast later learns that approximately a thousand union workers had chosen to stay behind as something of a “rear guard” to protect the last of the audience members; they were assaulted by a combination of mob members and police officers, badly beaten, and threatened with incarceration. (Twenty-five were indeed arrested and taken away.) For Fast, the night ends when he returns to the area to look for a group of stranded audience members, and is shot at. He does not find the stranded people. The final tally is 145 concert-goers injured. [Fast, 1951; White Plains Reporter Dispatch, 9/5/1982; National Public Radio, 9/5/1999]
Arrests and Lawsuits - Twelve protesters are arrested; five later plead guilty to minor offenses. No one among the concert-goers and “Robesonites” is arrested. Author Roger Williams will later write: “As the victims of the violence they were hardly subject to arrest, except that the prevailing local attitude held them guilty of provoking the attacks made upon them. As the Peekskill mayor, John N. Schneider, put it, the responsibility ‘rests solely on the Robesonites, as they insisted on coming to a community where they weren’t wanted.’” Numerous civil lawsuits will be filed on behalf of groups of victims; none will be successful.
History Professor: Peekskill Becomes an 'Endorsement of ... Persecution' - Much later, history professor James Shenton will say, “Peekskill opened up what was to become extensive public endorsement of the prosecution and persecution of so-called Communists.”
Trying to Forget - Years later, the memory of the riots still haunts the area and intimidates many residents, according to Williams’s 1976 report. Residents refuse to discuss the riots, some for fear of reprisals even decades later. Williams will recount the story of one high school teacher, Anne Plunkett, who was amazed that her children knew nothing of the riots, even though some of them were the children of participants. But when she assigns her students the riots as an optional class project, as Plunkett will recall: “The first time, librarians wouldn’t give the kids access to the back newspapers. The next time, I was called to the principal’s office and told that parents had been telephoning to complain about my ‘upsetting and exciting the children unnecessarily.’” [American Heritage, 3/1976]
In the days and weeks after the Peekskill riots (see August 27, 1949 and September 4, 1949, and After), four Yale Law School professors call for the New York attorney general to launch a federal investigation of the riot. They accuse Governor Thomas Dewey of “fail[ing] to take decisive action… from the beginning,” and write that “positive measures on behalf of the American tradition of political freedom must be taken now. If a situation of this sort is allowed to drift, without action from the leaders of our government, it can only too quickly get completely out of hand.” The president of the National Lawyers Guild issues a similar call: “Any idea that the present officials of the State of New York could be relied upon to vindicate the ends of justice and the principles of democracy without federal intervention should be completely set aside by the statement and action of Governor Dewey on ordering a grand jury inquiry.” [Fast, 1951]
In the days and weeks after the Peekskill riots (see August 27, 1949 and September 4, 1949, and After), several veterans organizations denounce the mob violence at the two events, and condemn the participation of their local chapters and members who were part of the mobs. The national commander of the American Legion, George Craig, issues a statement repudiating his organization’s involvement in the riots. “The American Legion believes in the preservation of law and order and does not countenance violence in any situation short of war,” Craig writes. “The Legion will not give its official sanction to counter-demonstrations such as those at Peekskill. It prefers to leave pro-Communist demonstrations strictly alone.” The Jewish War Veterans issues a directive prohibiting its chapters from “initiating or participating in any public demonstration which poses potential consequence of riot or public disorder.” The American Veterans Committee (AVC) calls upon the American Legion, the Veterans of Foreign Wars, and other veterans organizations “to prevent further outrages such as have occurred in Peekskill.” The AVC blames Peekskill veterans’ organizations for the “two disgraceful episodes.” [Fast, 1951]
New York Herald Tribune masthead, from 1941. [Source: Andrew Cusack]In the days and weeks after the Peekskill riots (see August 27, 1949 and September 4, 1949, and After), many newspapers condemn the violence that marred the two concerts. The New York Herald Tribune writes that “true Americans must feel deep shame and concern for the quality of citizenship that believes it is defending its country by catcalls and boos and rocks thrown at passing automobiles.” The New York Times writes, “Civil rights are rarely threatened except when those who claim them hold views hateful to the majority.” The New York Sun blames local law enforcement officials: “The local and county police clearly let the demonstration against the concert degenerate into a riot.” The New York Post calls the rioters “hoodlums” who “proclaim[ed their] contempt for democratic process, inflicting violence on real and alleged Communists and innocent bystanders with fine and frenzied impartiality.” The Christian Science Monitor says the rioters used the same tactics used by “Fascist[s]” and the “Ku Klux Klan.” Speaking of the main target of opprobrium, singer, avowed Communist, and African-American Paul Robeson, the Fort Wayne News Sentinel observes, “Whether or not Mr. Robeson follows the Kremlin manual is of less concern than that Americans shall not forget the First Amendment to the Constitution.” The Des Moines Register states: “Those who gathered at Peekskill to hear Robeson were entirely within the law in doing so. Those who provoked the violence repudiated the Constitution, the government, and those things which Americans have long prided themselves on—fairness and freedom.” And the St. Louis Post-Dispatch writes, “Veterans’ organizations in Westchester County, New York, lowered themselves to the level of the Ku Klux Klan.” [Fast, 1951]
In the days and weeks after the Peekskill riots (see August 27, 1949 and September 4, 1949, and After), many members of the local clergy denounce the violence. Thirteen local Protestant and Jewish clergymen issue the following statement: “We, the undersigned clergy of Peekskill and surrounding communities, desire to express our attitude toward the recent disturbances at Hollow Brook and the aftermath in the community.… Acts of violence have been committed. Lies, malicious rumors about responsible citizens, vilification and inflammatory language about members of our minority races and faiths have been circulated. A vicious example of lawlessness has been held up to the world as our way of life.… There is no need to try to convince ourselves or the world that the ugliness is not real or that it is not here… we must admit our fault and mistake. Admitting them, let us show shame and contrition for these violent and unlawful acts and attitudes.” A separate statement from a local Catholic priest reads in part: “Acts of violence are contrary to the teachings of our church and the lawful procedure required by our form of government. While offended sensibilities are understandable they offer no excuse for violence. The use of force solves nothing. Instead it accentuates grievances and promotes discord and disunity.” [Fast, 1951]
After the Peekskill riots (see August 27, 1949 and September 4, 1949, and After), First Lady Eleanor Roosevelt, the wife of President Roosevelt, says: “This is not the type of thing that we believe in the United States. I dislike everything that Paul Robeson is now saying.… I still believe, however, that if he wants to give a concert, or speak his mind in public, no one should prevent him from doing so. No one who disagrees is obliged to stay or even to go to hear him.” [Fast, 1951]
The American Civil Liberties Union (ACLU) releases the findings of its investigation into the Peekskill riots (see August 27, 1949 and September 4, 1949, and After). The report concludes, in part:
“There is no evidence whatever of Communist provocation… on either occasion.”
“While the demonstrations were organized to protest against and express hatred of Communism, the unprovoked rioting which resulted was fostered largely by anti-Semitism, growing out of local resentment against the increasing influx of Jewish summer residents from New York.” Some of the violence was triggered, the ACLU finds, by resentment left over from earlier attacks on a local Ku Klux Klan chapter. One of the buses used by the rioters carried a bumper sticker that read: “COMMUNISM IS TREASON. BEHIND COMMUNISM STANDS—THE JEW! THEREFORE, FOR MY COUNTRY—AGAINST THE JEWS.”
“The local press bears the main responsibility for inflaming, possibly through sheer irresponsibility, Peekskill residents to a mood of violence.”
“[Leftist activist and singer Paul] Robeson’s concerts were not an intrusion into Peekskill but were private gatherings held five miles outside of Peekskill, which were disrupted deliberately by invading gangs from nearby localities.”
“Terrorism was general against all who advocated freedom of speech, freedom of assembly, and preservation of constitutional rights.”
“The evidence proves beyond question that the veterans intended to prevent the concerts from being held.”
“Effective police protection at the first concert was deliberately withheld.”
“Preparations to police the second concert appeared adequate; therefore, there was reason to believe that the concert-goers would be protected.… These preparations were largely a sham insofar as the Westchester County police were concerned and left the concert-goers undefended.”
“The wounding of William Secor, rioting veteran, occurred while he was assisting in the commission of a crime.” Secor, one of the rioters who attacked the concert-goers, was apparently the victim of an accidental knifing by one of his own colleagues.
“The evidence indicates that at least some of the state troopers honestly tried to preserve law and order while county police fraternized with the rioters.”
“There is strong indication that the initial violence was planned and was carried out according to plan.” The report details eyewitness accounts of veterans and locals filling the trunks of their cars with rocks. “The wide extent of the stoning indicates careful planning on the part of some person or persons. It can hardly be coincidence that, as cars with broken windows streamed down the county towards New York, they were met with volleys of stones in community after community through which they passed.”
“Terrorism spread over the whole area and included threats against private individuals, against their safety, lives, property, and business.”
“National condemnation has been the chief factor causing residents of the Peekskill area to question this action. The local clergy have joined in this denunciation.… Sentiment in the area is now sharply divided and there is evidence that the legal authorities are moving toward restriction of freedom of speech and assembly, presumably in violation of the Constitution.” [Atkinson et al., 1949 ; Fast, 1951]
The FBI, led by director J. Edgar Hoover, begins to “accumulate the names, identities, and activities” of American citizens who are regarded as suspect. The information is gathered in a “security index,” which rapidly expands. In a letter to the White House during the Truman administration, Hoover will state that in the event of certain emergency situations, suspect individuals would be held in detention camps overseen by “the National Military Establishment.” By 1960, a congressional investigation will later reveal, the FBI list of suspicious persons will include “professors, teachers, and educators; labor-union organizers and leaders; writers, lecturers, newsmen, and others in the mass-media field; lawyers, doctors, and scientists; other potentially influential persons on a local or national level; [and] individuals who could potentially furnish financial or material aid” to unnamed “subversive elements.” [Radar, 5/2008]
Murray Chotiner. [Source: Spartacus Educational]During Richard Nixon’s campaign to represent his California district in the US House, his campaign manager, Murray Chotiner, arranges to have the Mafia raise money for Nixon. Los Angeles mob boss Mickey Cohen raises $75,000 for Nixon in return for unspecified political favors. Cohen will later claim that he raised the money on orders from one of his own bosses, Meyer Lansky. Cohen will sign a confession to the money raising while in Alcatraz Prison in 1962. Chotiner, embarrassed by the revelation, will drop out of politics until 1968, when he rejoins Nixon in his campaign for president (see November 5, 1968). After Nixon’s victory, Chotiner will be named a special counsel for Nixon, joining Nixon’s White House staff. [Spartacus Schoolnet, 8/2007]
With the approval of President Harry S. Truman, the US government constructs a massive 200,000-square-foot underground facility along the Maryland-Pennsylvania border, about seven miles north of Camp David and about 65 miles north of Washington, DC. Site-R at Raven Rock, officially known as the Alternate Joint Communications Center, is one of 96 bunkers being assembled around the nation’s capital in preparation for a potential nuclear conflict with the Soviet Union (see 1950-1962). Site-R is designed to serve as a complete backup to the Pentagon in times of war and is complete with state-of-the-art technology, alternate command posts, war rooms, and living spaces for top officials. The subterranean fortress resembles a small city, with all the basic necessities for sustaining a population in the thousands for months at a time. The site is equipped with its own self-generating power supply, offices, medical clinic, fire department, mail service center, dining halls, and dormitories. The facility is said to have its own a chapel, two fishing lakes, a barbershop, a drug store, and even a bowling alley. There are also rumors that an underground tunnel connects Site-R to Camp David less than 10 miles to the south. Decades later, Vice President Dick Cheney and other high-ranking officials will relocate to Site-R in the aftermath of the terrorist attacks of September 11, 2001 (see (11:00 a.m.) September 11, 2001 and September 12, 2001-2002). [Pittsburgh Post-Gazette, 8/7/1985; Washington Post, 5/31/1992; New York Times, 12/2/2000; Gannett News Service, 6/25/2002; Knight Ridder, 7/20/2004]
Fears of a nuclear conflict with the Soviet Union inspire the US government to construct a network of 96 nuclear-resistant fallout shelters around Washington, DC. The underground “Federal Relocation Centers,” collectively known as the “Federal Relocation Arc,” are designed to serve as both living quarters and command bunkers for a post-nuclear government. The underground installations will later be described as the “backbone” of the ultra-secretive Continuity of Government (COG) program, which is meant to keep the government functioning in times of national emergency. Under Presidents Harry S. Truman and Dwight D. Eisenhower, the US government spends billions of dollars carving out caves and assembling the underground fortresses in preparation for nuclear war. Upon completion, the bunkers are said to resemble small cities, each capable of sustaining a population in the thousands for months at a time. Each facility is equipped with its own self-generating power supply, fresh water source, living quarters, food rations, command posts, telecommunications equipment, and other requirements for housing officials and running the federal government from deep underground. In the event of a crisis, high-ranking officials, most notably the president and those in the presidential chain of command, are to be secretly whisked away to the underground installations in order to ensure the continuation of government functions. Some of the known underground locations include Mount Weather, fortified within the Blue Ridge Mountains about 50 miles west of Washington, DC (see 1952-1958); Site R, along the Maryland-Pennsylvania border near Camp David (see 1950-1954); and the Greenbrier, underneath a hotel resort in White Sulphur Springs, West Virginia (see 1959-1962). [Progressive, 3/1976; Time, 12/9/1991; Washington Post, 5/31/1992; Time, 8/10/1992; New York Times, 12/2/2000; Gannett News Service, 6/25/2002]
President Harry Truman, without the approval of Congress, sends US troops to fight in the Korean War. Unlike his predecessor (see December 8, 1941), Truman asserts that he has the inherent right to do so as the commander in chief (see 1787 and 1793). Truman bases his decision in part on a UN Security Council resolution passed three days before—at the US’s behest—approving military aid to South Korea, which was invaded by North Korean troops on June 25. In 2007, reporter and author Charlie Savage will write: “But the permission of foreign states was irrelevant to the domestic legal issue of who got to decide whether the United States would go to war. No president had ever before launched anything on the scale of the Korean War without prior permission from Congress, as the Constitution requires.” Savage will explain why Congress allows Truman to usurp its prerogatives: “[M]embers of Congress, eager to appear tough against Communism and to support a war effort, did nothing to block Truman.” [Savage, 2007, pp. 19; Truman Library, 3/2008]
A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]
The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]
Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]
Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]
Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]
President Harry S. Truman signs Executive Order 10186, shifting many responsibilities of the National Security Resources Board (NSRB), which oversees federal emergency planning, to a new civil defense organization, the Federal Civil Defense Administration (FCDA). The FCDA is placed within the Office of Emergency Management (OEM), an agency established as part of the Executive Office of the President years earlier by President Franklin Roosevelt (see September 8, 1939). The purpose of the FCDA, according to President’s Truman’s order, “shall be to promote and facilitate the civil defense of the United States in cooperation with several States.” [Executive Order 10186, 12/1/1950] The Federal Civil Defense Act of 1950 will be signed into law weeks later, establishing the FCDA as an independent agency and detailing the organization’s responsibilities (see January 12, 1951)
President Harry S. Truman signs Executive Order 10193, establishing the Office of Defense Mobilization (ODM) within the Executive Office of the President. The ODM is granted a wide range of emergency powers in order to mobilize civilians, industries and government agencies to defend the country during a crisis. As part of a broad “mobilization” effort, President Truman calls for increasing the number of total armed forces, increasing defense spending, and expanding the economy to increase war production. President Truman declares a national emergency and delegates many of his war powers to the head of the ODM. According to the New York Times, “President Truman proclaimed a state of emergency this morning and delegated many of his own war powers to Charles E. Wilson, the new mobilization director.” Citing the threat of “Communist imperialism,” President Truman “signed the proclamation of emergency, which unleashed scores of additional executive powers, and issued an executive order granting virtually blanket authority to Mr. Wilson to carry out all aspects of war production and economic control he deemed necessary.” According to the order, the mobilization director “shall on behalf of the president direct, control, and coordinate all mobilization activities of the executive branch of the government, including but not limited to production, procurement, manpower, stabilization, and transport activities.” [Executive Order 10193, 12/16/1950; New York Times, 12/16/1950, pp. 1; New York Times, 12/16/1950, pp. 1]
Arthur Porth, a Wichita, Kansas, building contractor, files a claim in a Kansas court to recover his income tax payment of $151. Porth argues that the 16th Amendment is unconstitutional because it places the taxpayer in a position of involuntary servitude contrary to the 13th Amendment. The court rules against Porth, but the defeat does not stop him. For 16 years Porth continues battling the income tax requirement, finding new and inventive challenges to the practice. He claims that the 16th Amendment “put[s] Americans into economic bondage to the international bankers,” a claim that the Southern Poverty Law Center will call “a thinly veiled anti-Semitic reference to the supposed ‘international Jewish banking conspiracy.’” He also argues that because paper money is not backed by gold or silver, taxpayers are not obligated to pay their taxes because “Federal Reserve notes are not dollars.” In 1961, Porth files an income tax return that is blank except for a statement declaring that he is pleading the Fifth Amendment, essentially claiming that filling out a tax return violates his right of protection from self-incrimination, a scheme that quickly becomes popular among anti-tax protesters. Porth becomes an activist and garners something of a following among right-wing audiences, traveling around the country distributing tax protest literature that includes a book, A Manual for Those Who Think That They Must Pay an Income Tax. He even issues his own “arrest warrants” against “bureaucrats” whom, in his view, violate the Constitution. In 1967, Porth is convicted of a number of tax evasion charges, but, as the Anti-Defamation League will later write, “he had already become a grass-roots hero to the nascent tax protest movement.” His cause is championed by, among others, William Potter Gale, who will go on to found the racist, anti-government Posse Comitatus movement (see 1969). Gale uses the newsletter of his Ministry of Christ Church, a church espousing the racist and anti-Semitic theology of Christian Identity (see 1960s and After), to promote Porth and the early tax rebellion movement. Porth exhausts his appeals and goes to jail; though sentenced to five years’ imprisonment, he only serves 77 days. One of Porth’s most active followers is his lawyer, Jerome Daly, whose activism eventually leads to his disbarment (see December 9, 1968 and After). Daly meets Porth in 1965 and files his own “protest” tax return just days before Porth is indicted by a grand jury. Daly is also convicted of tax evasion; in 1969, a federal appeals court will issue a ruling invalidating what has by then become known as the “Porth-Daly Fifth Amendment Return.” Porth receives the support of several far-right organizations, many of whom tie their racist views into his anti-tax protests. In a 1967 article for the far-right American Mercury magazine, tax protester and editor Martin A. Larson writes, “The negroes in the United States are increasing at a rate at least twice as great as the rest of the population,” and warns that the tax burden posed by blacks “unquestionably doomed… the American way of life.” Larson will later write regular columns for the white supremacist magazine The Spotlight, in which he will call black women prostitutes whose “offspring run wild in the streets, free to forage their food in garbage cans, and grow up to become permanent reliefers, criminals, rioters, looters, and, in turn, breeders of huge litters of additional human beings belonging to the same category.” He will also write several books promoting Porth’s anti-tax protest strategies. [Southern Poverty Law Center, 12/2001; Anti-Defamation League, 2011]
President Harry S. Truman signs the Federal Civil Defense Act of 1950. The Federal Civil Defense Administration (FCDA), established weeks earlier within the Executive Office of the President (see December 1, 1950), is transformed into an independent agency headed by a presidential appointee. The FCDA is placed in charge of providing emergency aid and assistance to local communities affected by disasters. The act also provides special emergency powers to the FCDA and the President in the event of a national crisis. According to President Truman, the act establishes a “basic framework for preparations to minimize the effects of an attack on our civilian population, and to deal with the immediate emergency conditions which such an attack would create.” According to the New York Times, “The measure directs the Federal Government to provide leadership to states and communities in developing arrangements to protect civilian life and property in the country’s 150 critical target areas against possible enemy attack by atomic bombs, biological or bacteriological warfare or any other technique.” The new civil defense plans are estimated to cost $3.1 billion. The FCDA will distribute brochures and produce television and radio segments aimed at preparing the general public for a nuclear attack. The FCDA will also stage drills and exercises to test public and government readiness for such a disaster. The agency will become infamous for encouraging civilians to “duck and cover” in the event of a nuclear strike. [Statement by the President Upon Signing the Federal Civil Defense Act of 1950, 1/12/1951; New York Times, 1/12/1951, pp. 7; Slate, 2/20/2003; Henry B. Hogue and Keith Bea, 6/1/2006, pp. 10 ]
J. Edgar Hoover, director of the Federal Bureau of Investigation (FBI), tells the House Appropriations Committee that the FBI is prepared to arrest 14,000 purported communists inside the US in the event of war with Russia. James M. McInerney, assistant attorney general, refuses to provide the committee with details regarding those on the list, but says they are “either out-and-out Communists” or are “sympathetic toward the Communist cause.” The officials are apparently referring to the FBI’s Security Index, which was established in 1943 (see 1943 and Early 1943-1971). [New York Times, 4/28/1951]
Dr. Muhammed Mosaddeq, or Mossadegh, is democratically elected by the Iranian Parliament. Mosaddeq, who is not a Communist but receives the support of Iran’s Communist Party, intends to nationalize Iran’s oil industry. Opposition from US and Britain is immediate, with the CIA moving to destabilize the Mosaddeq regime and the British imposing an economic embargo on Iran. [Iran Chamber Society, 1/1/2007] (See 1952 and Summer 2004.)
The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]
A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]
Time Magazine’s Man of the Year cover for 1951. [Source: Wikipedia]Iranian President Mohammad Mosaddeq moves to nationalize the Anglo-Iranian Oil Company in order to ensure that more oil profits remain in Iran. His efforts to democratize Iran had already earned him being named Time Magazine’s Man of the Year for 1951. After he nationalizes it, Mosaddeq realizes that Britain may want to overthrow his government, so he closes the British Embassy and sends all British civilians, including its intelligence operatives, out of the country. Britain finds itself with no way to stage the coup it desires, so it approaches the American intelligence community for help. Their first approach results in abject failure when Harry Truman throws the British representatives out of his office, stating that "We don’t overthrow governments; the United States has never done this before, and we’re not going to start now." After Eisenhower is elected in November 1952, the British have a much more receptive audience, and plans for overthrowing Mosaddeq are produced. The British intelligence operative who presents the idea to the Eisenhower administration later will write in his memoirs, "If I ask the Americans to overthrow Mosaddeq in order to rescue a British oil company, they are not going to respond. This is not an argument that’s going to cut much mustard in Washington. I’ve got to have a different argument.…I’m going to tell the Americans that Mosaddeq is leading Iran towards Communism." This argument wins over the Eisenhower administration, who promptly decides to organize a coup in Iran (see August 19, 1953). [Stephen Kinzer, 7/29/2003]
The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]
The US Supreme Court reaffirms the Ker doctrine (see December 6, 1886), which underlies rendition. The court rules on the case of Shirley Collins, who had been convicted of murder in Michigan. Prior to the trial, Collins had lived in Chicago, Illinois. Officers from Michigan came and “forcibly seized, handcuffed, blackjacked, and took him to Michigan.” After being convicted, Collins appealed to the Supreme Court, citing the federal Kidnapping Act and arguing his conviction should be quashed due to the abduction. However the Supreme Court finds that there is “nothing in the Constitution that requires a court to permit a guilty person rightfully convicted to escape justice because he was brought to trial against his will.” [Grey, 2007, pp. 134-135]
A roughly 200,000-square-foot facility known as Mount Weather, codenamed “Operation High Point,” is constructed deep within an isolated strip of the Blue Ridge Mountains, approximately 50 miles west of Washington, DC. The installation, finished in 1958 at the cost of more than $1 billion, will serve as the flagship of a secret network of nuclear resistant shelters currently being constructed around the nation’s capital (see 1950-1962). Mount Weather is designed to be the headquarters of a post-nuclear government in the event of a full-scale war with the Soviet Union. Construction of the facility is authorized under the highly classified Continuity of Government program, meant to ensure the survival of the federal government in times of extreme emergency. The enormous complex resembles a miniature city, capable of supporting a population in the thousands for months at a time. Mount Weather is equipped with its own streets and sidewalks, dormitories, offices, a hospital, television and radio studios, reservoirs of drinking and cooling water, dining halls, stockpiles of food, a power plant, a sewage treatment plant, a crematorium, government and military command posts—everything needed to sustain and run an underground government during and after a nuclear war. A parallel executive branch will be stationed at Mount Weather to take over the functions of the federal government in the event of a disaster (see March 1976). In the 1960s and 1970s Mount Weather will develop a “Civil Crisis Management” program, designed to monitor and manage potential resource shortages, labor strikes, and political uprisings (see 1967-1976). Mount Weather will be accused in the 1970s of spying on US citizens (see September 9, 1975). In December 1974, a passenger airliner will crash into the mountainside, drawing public attention to the secret installation for the first time (see 11:10 a.m. December 1, 1974). [Progressive, 3/1976; Emerson, 8/7/1989; Time, 12/9/1991; Time, 8/10/1992]
The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]
President Harry S. Truman signs Executive Order 10346, ordering the Federal Civil Defense Administration (FCDA) to coordinate “continuity” plans within the federal government. The plans will be designed to ensure the continuation of essential government functions in the event of a major disaster, such as a nuclear attack on Washington DC. According to the order, “each Federal department and agency shall prepare plans for maintaining the continuity of its essential functions at the seat of government and elsewhere during the existence of a civil-defense emergency.” In addition to the FCDA, the National Security Resources Board (NSRB), established by the National Security of Act of 1947, (See July 26, 1947), is to play an advisory role in the emergency plans. [Executive Order 10346, 4/17/1952]
The McCarran-Walter Act repeals the racial restrictions of the 1790 Naturalization Law and grants first-generation Japanese-Americans the right to become citizens. Senator Pat McCarran (D-NV) is one of the strongest anti-Communist voices in the US Congress, and led investigations of the Roosevelt and Truman administrations. Along with Representative Francis Walter (D-PA), another outspoken anti-Communist, McCarran introduced the legislation bearing their names. Aside from granting Japanese-Americans citizenship, the law stiffens restrictions on “entry quotas” for immigrants into the US, and broadens the federal government’s power to admit, exclude, and deport “dangerous aliens” as defined by the Internal Security Act of 1950, another signature McCarran legislative success. [John Simkin, 2008; American Civil Liberties Union, 2012]
The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]
Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]
In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]
Charles R. Burrows of the Bureau of Inter-American Affairs writes: “Guatemala has become an increasing threat to the stability of Honduras and El Salvador. Its agrarian reform is a powerful propaganda weapon; its broad social program of aiding the workers and peasants in a victorious struggle against the upper classes and large foreign enterprises has a strong appeal to the populations of Central American neighbors where similar conditions prevail.” [Gleijeses, 1992, pp. 365; South End Press, 1993; Siekmeier, 1994, pp. 26]
In a report to President Eisenhower, the Joint Chiefs of Staff make the following observation: “We should do what is necessary even if the result is to change the American way of life. We could lick the whole world if we are willing to adopt the system of Adolf Hitler.” [Hunt, 9/1/2009, pp. 5]
Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]
Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar
Timeline Tags: Civil Liberties
Reorganization Plan No. 3 of 1953 is signed into law, restructuring the Office of Defense Mobilization (ODM) within the Executive Office of the President. The ODM, originally created by President Harry S. Truman in December of 1950 (see December 16, 1950), will incorporate the responsibilities of the National Security Resources Board (NSRB), which shares similar objectives. The purpose of the ODM is to ensure the continuation of essential government and industry functions, particularly during times of crisis. President Dwight D. Eisenhower says merging the ODM and the NSRB will “enable one Executive Office agency to exercise strong leadership in our national mobilization effort, including both current defense activities and readiness for any future national emergency.” [New York Times, 4/3/1953, pp. 1; US Congress. House. Senate., 6/12/1953]
CIA coup planner Kermit Roosevelt. [Source: Find a Grave (,com)]The government of Iran is overthrown by Iranian rebels and the CIA in a coup codenamed Operation Ajax. The coup was planned by CIA operative Kermit Roosevelt after receiving the blessings of the US and British governments. Muhammad Mosaddeq is deposed and the CIA promptly reinstates Shah Mohammad Reza Pahlavi on the throne. The Shah’s secret police, SAVAK, trained by the CIA and Israel’s Mossad, are widely perceived as being as brutal and terrifying as the Nazi Gestapo in World War II. British oil interests in Iran, partially nationalized under previous governments, are returned to British control. American oil interests are retained by 8 private oil companies, who are awarded 40% of the Iranian oil industry. US General Norman Schwarzkopf, Sr. (father of the general with the same name in the 1991 Gulf War) helps the Shah develop the fearsome SAVAK secret police. [ZNet, 12/12/2001; Global Policy Forum, 2/28/2002] Author Stephen Kinzer will say in 2003, "The result of that coup was that the Shah was placed back on his throne. He ruled for 25 years in an increasingly brutal and repressive fashion. His tyranny resulted in an explosion of revolution in 1979 the event that we call the Islamic revolution. That brought to power a group of fanatically anti-Western clerics who turned Iran into a center for anti-Americanism and, in particular, anti-American terrorism. The Islamic regime in Iran also inspired religious fanatics in many other countries, including those who went on to form the Taliban in Afghanistan and give refuge to terrorists who went on to attack the United States. The anger against the United States that flooded out of Iran following the 1979 revolution has its roots in the American role in crushing Iranian democracy in 1953. Therefore, I think it’s not an exaggeration to say that you can draw a line from the American sponsorship of the 1953 coup in Iran, through the Shah’s repressive regime, to the Islamic revolution of 1979 and the spread of militant religious fundamentalism that produced waves of anti-Western terrorism." [Stephen Kinzer, 7/29/2003]
Under the Phoenix Program, the CIA creates and directs a secret police ostensibly run by the South Vietnamese. Its objective is to destroy the Viet Cong’s infrastructure. During the course of the program’s existence, the secret police units, operating as virtual death squads, are implicated in burnings, garroting, rape, torture, and sabotage. As many as 50,000 Vietnamese are killed. [Pilger, 1986, pp. 274; Valentine, 2000 Sources: Ralph McGehee, Anthony Herbert] The most decorated American soldier of the war, Lieutenant Colonel Anthony Herbert, will later recall in his book, Soldier, “They wanted me to take charge of execution teams that wiped out entire families and tried to make it look as though the VC themselves had done the killing.” [Pilger, 1986, pp. 274]
The Geneva Accords temporarily divide Vietnam in half at the 17th parallel, with Ho Chi Minh’s forces in the north and Bao Dai’s regime in the south. The accords also call for elections to be held in all of Vietnam within two years to reunify the country. [Geneva Accords: Agreement on the Cessation of Hostilities in Vietnam, 7/29/1954] The US opposes the unifying elections, fearing a likely victory by Ho Chi Minh, and refuses to sign the Geneva accords. “If the scheduled national elections are held in July 1956, and if the Viet Minh does not prejudice its political prospects, the Viet Minh will almost certainly win,L the CIA notes. [Kolko, 1985, pp. 84] And US President Dwight Eisenhower admits, “I have never talked or corresponded with a person knowledgeable in Indochinese affairs who did not agree that had elections been held as of the time of the fighting, a possible 80 per cent of the population would have voted for the communist Ho Chi Minh as their leader.” [Eisenhower, 1994, pp. 372]
President Dwight D. Eisenhower, attempting to protect government files from Senator Joe McCarthy (R-WI)‘s anti-Communist “witch hunts” and to prevent government officials from being forced to testify at the Army’s hearings on McCarthy, cites a never-before-used phrase, “executive privilege,” to resist giving over information or allowing aides to testify. While presidents have withheld information from Congress before in narrow and defined circumstances—in 1792, George Washington refused to allow Congress and the courts to obtain information about a disastrous military expedition against Native Americans along the Ohio River, for example—Eisenhower is the first to assert that the executive branch has the right to withhold any internal documents or block officials from giving testimony to other branches or agencies of the government. In 2007, reporter and author Charlie Savage will write that Eisenhower’s actions “creat[ed] a potentially boundless new category of government information a president could deny to Congress.” [Savage, 2007, pp. 20; National Public Radio, 6/28/2007]
Secretary of State John Foster Dulles says of the upcoming Vietnam elections, “I don’t believe Diem wants to hold elections and I believe we should support him in this.” Dulles is referring to the scheduled 1956 elections between Vietnam’s president, Ngo Dinh Diem, recently installed by US intervention, and Communist leader Ho Chi Minh. Both Dulles and Diem believe that if the elections go off as planned, Ho Chi Minh will win in a landslide. [Hunt, 9/1/2009, pp. 5]
The casualty statistics of the Vietnam War are staggering.
At least 58,000 American soldiers loose their lives. [Herring, 1986, pp. 275]
815,000 US soldiers are disabled. [Disabled Veterans' LIFE Memorial Foundation, 4/15/2004]
According to the Department of Veterans Affairs, about 20,000 Vietnam veterans commit suicide after the war. [Microsoft Encarta Online Encyclopedia, 2004]
Between 100,000 and 250,000 South Vietnamese combatants are killed [Death Tolls for the Major Wars and Atrocities of the Twentieth Century website, 4/15/2004]
Between 400,000 and one million North Vietnamese and Viet Cong combatants are killed. [Death Tolls for the Major Wars and Atrocities of the Twentieth Century website, 4/15/2004]
Between 300,000 and 2 million Vietnamese civilians (North and South) are killed. [Death Tolls for the Major Wars and Atrocities of the Twentieth Century website, 4/15/2004]
In 1954, Egyptian President Gamal Abddul Nasser’s nationalist policies in Egypt come to be viewed as completely unacceptable by Britain and the US. MI6 and the CIA jointly hatch plans for his assassination. According to Miles Copeland, a CIA operative based in Egypt, the opposition to Nasser is driven by the commercial community—the oil companies and the banks. At the same time, the Muslim Brotherhood’s resentment of Nasser’s secular government also comes to a head. In one incident, Islamist militants attack pro-Nasser students at Cairo University. Following an attempt on his own life by the Brotherhood, Nasser responds immediately by outlawing the group, which he denounces as a tool of Britain. The following years see a long and complex struggle pitting Nasser against the Muslim Brotherhood, the US, and Britain. The CIA funnels support to the Muslim Brotherhood because of “the Brotherhood’s commendable capability to overthrow Nasser.” [Baer, 2003, pp. 99; Dreyfuss, 2005, pp. 101-108] The Islamist regime in Saudi Arabia becomes an ally of the United States in the conflict with Nasser. They offer financial backing and sanctuary to Muslim Brotherhood militants during Nasser’s crackdown. Nasser dies of natural causes in 1970. [Dreyfuss, 2005, pp. 90-91, 126-131, 150]
One of the first schools to implement desegregation is Barnard Elementary in Washington, DC. This photo shows black and white children in the same classroom. [Source: Library of Congress]The landmark US Supreme Court case Oliver Brown v. Board of Education of Topeka, Kansas, rules that racial segregation in public schools violates the Fourteenth Amendment. The unanimous decision overturns the doctrine of “separate but equal” education codified in the 1896 Plessy v. Ferguson ruling (see 1896). The case was argued by the Legal Defense and Educational Fund, the legal arm of the National Association for the Advancement of Colored People (NAACP). The organizations filed the suit as a challenge to the “separate but equal” doctrine, and combined five separate cases under the one Brown v. Board of Education rubric. The Supreme Court heard arguments on the case three different times in three years. In a unanimous decision, the Court finds that the “separate but equal” doctrine violates the equal protection and due process clauses of the Fourteenth Amendment, and orders desegregation “with all deliberate speed.” Chief Justice Earl Warren wants to send a powerful signal to the nation in the ruling, and works to craft a unanimous decision with no dissents or even concurrences. He writes the Court’s opinion himself, but seeks the input of the other justices in two draft opinions that he tailors into his final opinion. One of the compromises he is forced to make is to put off the question of actually implementing desegregation until a later time, inadvertently allowing many states to keep segregationist practices in place for decades. Warren says the opinion should be “short, readable by the lay public, non-rhetorical, unemotional, and, above all, non-accusatory.” Justice William O. Douglas is delighted by Warren’s opinion, and in a note to Warren, writes: “I do not think I would change a single word in the memoranda you gave me this morning. The two draft opinions meet my idea exactly. You have done a beautiful job.” Justice Harold H. Burton writes a memo to Warren reading in part: “Today I believe has been a great day for America and the Court.… I cherish the privilege of sharing in this.… To you goes the credit for the character of the opinions which produced the all important unanimity. Congratulations.” In an internal memo, Justice Felix Frankfurter writes of the practice of segregation: “That it is such has been candidly acknowledged by numerous accounts & adjudications in those states where segregation is enforced. Only self conscious superiority or inability to slip into the other fellow’s skin can fail to appreciate that.” Frankfurter says the ruling makes for “a day of glory.” Some right-wing and segregationist organizations condemn the ruling; Warren is forwarded a letter from an official of the Sons of the American Revolution claiming the ruling is attributable to “the worldwide Communist conspiracy” and that the NAACP is financed by “a Communist front.” President Eisenhower will take strong action to reduce segregation in America, but refuses to endorse the Court’s ruling. In 1967, one of the NAACP’s lead attorneys in the case, Thurgood Marshall, will go on to serve on the Supreme Court. [Library of Congress, 1994; American Civil Liberties Union, 2012]
Ngo Dinh Diem returns from exile in the US to head the South Vietnamese government. The CIA office in Saigon, under the leadership of Colonel Edward Lansdale, conducts a propaganda campaign aimed at creating the perception that North Vietnam is plagued with massive civil unrest and disorder while there is stability in South Vietnam and widespread popular support for its newly installed leader. [Herring, 1986, pp. 44; Pilger, 1986, pp. 192] “Paramilitary groups infiltrated across the demilitarized zone on sabotage missions, attempting to destroy the government’s printing presses and pouring contaminants into the engines of buses to demobilize the transportation systems. The teams also carried ‘psywar’ operations to embarrass the Vietminh regime and encourage emigration to the South. They distributed fake leaflets announcing the harsh methods the government was prepared to take and even hired astrologers to predict hard times in the north and good times in the south.” [Herring, 1986, pp. 44] “[Landale’s team] stimulated North Vietnamese Catholics and the Catholic armies deserted by the French to flee south. SMM teams promised Catholic Vietnamese assistance and new opportunities if they would emigrate. To help them make up their minds, the teams circulated leaflets falsely attributed to the Viet Minh telling what was expected of citizens under the new government. The day following distribution of the leaflets, refugee registration tripled. The teams spread horror stories of Chinese Communist regiments raping Vietnamese girls and taking reprisals against villages. This confirmed fears of Chinese occupation under the Viet Minh. The teams distributed other pamphlets showing the circumference of destruction around Hanoi and other North Vietnamese cities should the United States decide to use atomic weapons. To those it induced to flee over the 300-day period the CIA provided free transportation on its airline, Civil Air Transport, and on ships of the US Navy. Nearly a million North Vietnamese were scared and lured into moving to the South.” [Pilger, 1986, pp. 192]
During a news conference, President Dwight D. Eisenhower answers a question about the idea of an American “preventative war” against Communism by saying the following: “All of us have heard this term ‘preventive war’ since the earliest days of Hitler. I recall that is about the first time I heard it. In this day and time, if we believe for one second that nuclear fission and fusion, that type of weapon, would be used in such a war—what is a preventive war? I would say a preventive war, if the words mean anything, is to wage some sort of quick police action in order that you might avoid a terrific cataclysm of destruction later. A preventive war, to my mind, is an impossibility today. How could you have one if one of its features would be several cities lying in ruins, several cities where many, many thousands of people would be dead and injured and mangled, the transportation systems destroyed, sanitation implements and systems all gone? That isn’t preventive war; that is war. I don’t believe there is such a thing; and, frankly, I wouldn’t even listen to anyone seriously that came in and talked about such a thing.” [White House, 8/11/1954]
US Secretary of State John Foster Dulles and his brother, CIA Director Allen Dulles, each visit Cambodian King Norodom Sihanouk and attempt to persuade him to place Cambodia under the protection of the South East Asia Treaty Organization (SEATO), an alliance formed the year before by representatives of Australia, France, Britain, New Zealand, Pakistan, the Philippines, Thailand, and the United States to prevent the spread of Communism in Southeast Asia. Sihanouk kindly declines the offer preferring to adopt a neutral stance in the conflict between his neighbors and the US. [Blum, 1995]
Part of the Westboro Baptist Church as it appears in recent years. The URL “godhatesamerica.com” is written on a banner hanging in front of the church. [Source: Ask (.com)]The Westboro Baptist Church (WBC) in Topeka, Kansas, holds its first services under the auspices of Pastor Fred Waldron Phelps. Phelps, his wife, nine of his 13 children, and their spouses and children make up the core of the WBC’s small congregation. The Southern Poverty Law Center (SPLC) will describe the church as a virtual cult led by Phelps. Phelps and his extended family members live in houses on the WBC compound in Topeka, with the houses arranged in a box formation and sharing a central backyard. [Southern Poverty Law Center, 2012] The congregation will quickly begin shedding members because of Phelps’s vitriolic preaching, and for a time Phelps will attempt to support the church by selling vacuum cleaners and baby carriages door-to-door. For years, much of the church’s income comes from Phelps’s children, who regularly sell candy door-to-door. [Southern Poverty Law Center, 4/2001]
Atmosphere of Fear, Abuse Alleged - According to one of Phelps’s estranged children, Nathan Phelps, Phelps uses violence and abuse to keep the members in line; in the SPLC’s words, “cultivating an atmosphere of fear to maintain his authority.” Nathan and his two siblings, Mark Phelps, and Dortha Bird, will later leave the church and family, and all three will allege physical and psychological abuse in multiple newspaper and television interviews. Fred Phelps will dismiss all the allegations as “a sea of fag lies.” Nathan will allege that his father beat him with a leather strap and a mattock handle until he “couldn’t lie down or sit down for a week.” They will also allege that Phelps beat his wife, forced his children to fast, and other charges. No child abuse charges brought against Phelps will ever result in convictions, usually because the children will refuse to testify out of what Nathan Phelps will call fear of reprisal. Children in the Phelps family are kept close to the church, and, the SPLC will write, “their upbringing offers them few opportunities to integrate into mainstream society. It is common to see young children from the Phelps family at WBC pickets, often holding the group’s hateful signs. These children casually use the words ‘fag’ and ‘dyke’ in interviews, and the older children report having no close friends at school. The Phelps family raises its children to hold hateful and upsetting views, and to believe that all people not in WBC will go to hell.… The children quickly grow alienated in school and in society, leading them to build relationships almost exclusively within the family. This helps to explain why nine of Fred Phelps’ 13 children have remained members of the church.” [Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 2012] Phelps, who dropped out of the fundamentalist religious Bob Jones University, was ordained as a Baptist minister at the age of 17. He met his future wife Marge Phelps after his California street ministry against dirty jokes and sexual petting was the subject of a Time magazine profile. Between 1952 and 1968 the couple will have 13 children. Phelps will go on to earn a law degree from Washburn University in 1962, though he has some difficulty being admitted to the Kansas bar because no judge will be willing to vouch for his good character. Between 1951 and 2010, Phelps will be arrested multiple times for assault, battery, threats, trespassing, disorderly conduct, and contempt of court. He will be convicted four times, but will successfully avoid prison. He will decorate his WBC compound with an enormous upside-down American flag. He will go on to vilify both liberal and conservative lawmakers, including future President Ronald Reagan, and will praise enemies of the nation such as Cuba’s Fidel Castro and Iraq’s Saddam Hussein. [Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 2012] Mark Phelps will later call his father “a small, pathetic old man” who “behaves with a viciousness the likes of which I have never seen.” All three estranged children say that Phelps routinely refers to African-Americans as “dumb n_ggers.” Bird later says, “He only started picketing in 1991, but I want people to understand that nothing’s changed, he’s been like this all along.” She will change her last name to Bird to celebrate her new-found freedom away from the family, though she will continue to live in the Topeka area. [Southern Poverty Law Center, 4/2001]
Fundamentalist Doctrine - Phelps teaches a fundamentalist version of Calvinist doctrine called “Primitive Baptist,” in which members believe that God only chooses a select few to be saved, and everyone else is doomed to burn in hell. The WBC Web site will later explain: “Your best hope is that you are among those he has chosen. Your prayer every day should be that you might be. And if you are not, nothing you say or do will serve as a substitute.”
Successful Lawsuits Help Fund Church - In 1964, Phelps will found a law firm specifically for defending the church against civil suits; the firm employs five attorneys, all children of Phelps. Phelps himself is a lawyer, but he will be disbarred in 1979 by the Kansas Supreme Court, which will find that he shows “little regard for the ethics of his profession.” The church does not solicit or accept outside donations; much of its funding comes from successful lawsuits against the Topeka city government and other organizations and individuals. The SPLC will explain, “Because the Phelps family represents WBC in court, they can put the fees they win towards supporting the church.” As of 2007, many Phelps family members will work for the state government, bringing additional revenue to the church. [Southern Poverty Law Center, 2012] Nathan Phelps will later say that his father routinely files frivolous lawsuits in the hope that his targets will settle out of court rather than face the expenditures of a bench trial. (One extreme example is a 1974 class action suit demanding $50 million from Sears over the alleged delay in delivering a television set. In 1980, Sears will settle the suit by paying Phelps $126. Another, more lucrative example is a 1978 civil rights case that earns Phelps almost $10,000 in legal fees as part of the settlement of a discrimination case.) [Southern Poverty Law Center, 4/2001]
Reviling Homosexuality - One of the central tenets of the church’s practices is the vilification of homosexuality, which the church will use to propel itself into the public eye (see June 1991 and After, 1996, June 2005 and After, September 8, 2006, October 2-3, 2006, and April 2009). The church’s official slogan is “God Hates Fags.” The church will begin its anti-gay crusade in the late 1980s with the picketing of a Topeka park allegedly frequented by homosexuals. In the early 1990s, WBC will launch its nationwide anti-gay picketing crusade. The church will win international notoriety with its picketing of the funeral of Matthew Shepard, a gay student brutally murdered in Wyoming (see October 14, 1998 and October 3, 2003). After the 9/11 attacks, the church will begin claiming that God brought about the attacks to punish America for its tolerance of homosexuality (see September 8, 2006). The church will also begin picketing the funerals of American soldiers killed in Iraq and Afghanistan in 2005, claiming that God is punishing America for tolerating homosexuality and persecuting the WBC (see June 2005 and After). The church will win notable victories in court regarding its right to protest at funerals (see March 10, 2006 and After and June 5, 2007 and After). Nations such as Canada and the United Kingdom will ban WBC members from entering their borders to engage in protest and picketing activities (see August 2008 and February 2009). [Southern Poverty Law Center, 2012; Southern Poverty Law Center, 2012] Phelps will write in an undated pamphlet detailing the “message” of the WBC: “America is doomed for its acceptance of homosexuality. If God destroyed Sodom and Gomorrah for going after fornication and homosexuality then why wouldn’t God destroy America for the same thing?” In 2001, a Topeka resident will tell an SPLC researcher: “I’m so tired of people calling him an ‘anti-gay activist.’ He’s not an anti-gay activist. He’s a human abuse machine.” [Southern Poverty Law Center, 2012] According to the Anti-Defamation League (ADL): “Though the group’s specific focus may shift over time, they believe that nearly all Americans and American institutions are ‘sinful,’ so nearly any individual or organization can be targeted. In fact, WBC members say that ‘God’s hatred is one of His holy attributes’ and that their picketing is a form of preaching to a ‘doomed’ country unable to hear their message in any other way.” [Anti-Defamation League, 2012]
A joint project is started in which students from Chile will be sent to learn economics at the University of Chicago using funding for tuition and other expenses from the US government as well as private organizations such as the Ford Foundation. The University of Chicago’s Department of Economics is at this time a bastion of strict adherence to pro-free market thought. The chairman of this department, Theodore W. Schultz, came up with this plan along with an official from the US government during a meeting in Santiago, Chile, in 1953. Schultz himself stated that he desired that the countries of the third world, “work out their economic salvation by relating to us and by using our way of achieving their economic development.” By 1970, some 100 students from Chile will have sought advanced degrees from the University of Chicago. [Klein, 2007, pp. 59-60]
The US Army releases swarms of specially bred mosquitoes in Georgia and Florida as part of an experiment aimed at determining if disease-bearing insects could be used as carriers of biological weapons. The mosquitoes are of the Aedes Aegypti type, which is a carrier of dengue fever. [Blum, 1995, pp. 344]
Senator Strom Thurmond (right) supervises the typing of an early draft of the document that will come to be known as the ‘Southern Manifesto.’ [Source: Strom Thurmond Institute]A hundred and one congressmen, mostly conservative Southern Democrats, sign a document forwarded to President Eisenhower that becomes known as the “Southern Manifesto.” The document, formally entitled “The Declaration of Constitutional Principles,” is prompted by the recent Brown v. Board of Education of Topeka Supreme Court decision mandating the desegregation of American public schools, and is designed to pressure wavering Southern lawmakers into defying the Court’s decision as part of what researcher Tony Badger will later call “the massive resistance strategy so passionately advocated by the conservatives.” It is read aloud on the floor of the Senate by Walter George (D-GA), and was originally conceived by Senator Strom Thurmond (D-SC) with the assistance of his colleague Harry Byrd (D-VA), though the final version was tempered by a rewrite overseen by Senator Richard Russell (D-GA). The “Manifesto” declares that in certain instances, states are free to ignore federal laws and court decisions such as Brown v. Board. The document declares the Court decision an attempt to “substitute naked power for established law,” calls it “a clear abuse of judicial power,” and says that the states can and must defy the Court’s decision in the interest of establishing the rights of the states against the federal government. The principle of “separate but equal” treatment of white and black Americans, codified in an 1849 case and upheld by the 1896 Court decision in Plessy v. Ferguson, is, the signers state, “the established law of the land” and cannot be overturned by the current Court. It is up to the states, not the federal government, to determine if and when they will desegregate their separate school systems. Far from mandating equal treatment, the signers state, the Brown decision “destroys the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races,” and “has planted hatred and suspicion where there has been heretofore friendship and understanding.” The “judicial encroachment” of the decision must be resisted by “any lawful means,” they write. The signers conclude, “Even though we constitute a minority in the present Congress, we have full faith that a majority of the American people believe in the dual system of government which has enabled us to achieve our greatness and will in time demand that the reserved rights of the States and of the people be made secure against judicial usurpation,” and ask their supporters not to give in to the “agitators” determined to sow chaos and disorder in the name of desegregation. [US Senate, 3/12/1956; Time, 3/26/1956; Badger, 4/1997]
Disparate Group of Non-Signers - Cambridge University scholar Tony Badger will later write of the Southern lawmakers who refuse to sign the document, “The evidence from Texas, Tennessee, Florida, and North Carolina highlights the diversity of political opinion among the non-signers—from New Deal liberal to right-wing Republican ideologue—and the disparate sources for their racial moderation—national political ambitions, party loyalty, experience in the Second World War, Cold War fears, religious belief, and an urban political base.” [Badger, 4/1997]
Thurmond Calls NAACP 'Professional Racist Agitators,' Says Southern Whites Are Nation's 'Greatest Minority' - After the reading, Thurmond delivers a far less measured television address, calling the organization that brought the original lawsuit, the NAACP, a group of “professional racist agitators” and saying: “All of us have heard a great deal of talk about the persecution of minority groups. The white people of the South are the greatest minority in this nation. They deserve consideration and understanding instead of the persecution of twisted propaganda.” After his speech, one Georgia woman praises Thurmond’s “courage and wisdom,” and asks: “Wouldn’t it be possible to remove much of the Negro population from the South? I sincerely wish that this might be done, and would be glad to even contribute personally to the expense of such a plan.” [Cohodas, 1993, pp. 284-300]
Counterattack in Congress - In the following days, a succession of Northern Democrats lambast the manifesto on the Senate and House floor, and none of the signatories rise to speak in its defense. Wayne Morse (D-OR) says the document advocates nothing less than the “nullification” of the federal government, and if taken to its logical conclusion, the dissolution of the United States into 50 disparate entities. “If the gentlemen from the South really want to take such action,” he says, “let them propose a constitutional amendment that will deny to the colored people of the country equality of rights under the Constitution, and see how far they will get with the American people.” [Time, 3/26/1956; Cohodas, 1993, pp. 284-300] One Southern senator says shortly after its reading, “Now, if these Northerners won’t attack us and get mad and force us to close ranks, most of us will forget the whole thing and maybe we can pretty soon pretend it never happened.” [Time, 3/26/1956] The “Manifesto” heralds a split in the Democratic Party, between conservative, segregationist “Dixiecrat” Southerners and the moderate-to-liberal remainder of the party’s lawmakers. Thurmond will lead an exodus of the segregationists from the Democratic Party to the Republican Party shortly thereafter. [Cohodas, 1993, pp. 284-300]
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