Justice for All (115 page)
Authors: Jim Newton
122
Robert Frost, 1942 (dated, handwritten copy included in the collection of the LOC).
Robert Frost, 1942 (dated, handwritten copy included in the collection of the LOC).
1
Kennedy telegram to Warren, March 23, 1963, LOC, MD, Warren papers, Presidents' correspondence, 1953-1963.
Kennedy telegram to Warren, March 23, 1963, LOC, MD, Warren papers, Presidents' correspondence, 1953-1963.
2
Jacqueline Kennedy letter to Warren, Dec. 20, 1963, LOC, MD, Warren papers, Presidents' correspondence, 1953-1963.
Jacqueline Kennedy letter to Warren, Dec. 20, 1963, LOC, MD, Warren papers, Presidents' correspondence, 1953-1963.
3
Kennedy letter to Warren, Jan. 25, 1961, LOC, MD, Warren papers, Presidents' correspondence, 1953-1963.
Kennedy letter to Warren, Jan. 25, 1961, LOC, MD, Warren papers, Presidents' correspondence, 1953-1963.
4
Kennedy letter to Warren, Jan. 28, 1961, LOC, MD, Warren papers, Presidents' correspondence, 1953-1963.
Kennedy letter to Warren, Jan. 28, 1961, LOC, MD, Warren papers, Presidents' correspondence, 1953-1963.
5
Author interview with Flannery, Feb. 2, 2005.
Author interview with Flannery, Feb. 2, 2005.
6
Author interview with Ziffren, Jan. 12, 2005.
Author interview with Ziffren, Jan. 12, 2005.
13
Bulletin of the John Birch Society
, January 1961, copy supplied to author by the Birch Society's public affairs office.
Bulletin of the John Birch Society
, January 1961, copy supplied to author by the Birch Society's public affairs office.
14
For background on the John Birch Society, see its
Blue Book
and
White Book
, official publications of the organization published annually in the late 1950s and early 1960s.
For background on the John Birch Society, see its
Blue Book
and
White Book
, official publications of the organization published annually in the late 1950s and early 1960s.
17
Ibid.
Ibid.
18
New York Times
, June 18, 1964 (AP report from Boston, dated June 17); also
New York Times
, July 30, 1963.
New York Times
, June 18, 1964 (AP report from Boston, dated June 17); also
New York Times
, July 30, 1963.
19
“Twelfth Report of the Senate Fact-Finding Subcommittee on Un-American Activities,” Report of the California Legislature, 1963.
“Twelfth Report of the Senate Fact-Finding Subcommittee on Un-American Activities,” Report of the California Legislature, 1963.
20
See, for instance, FBI memos of Feb. 28 and Oct. 25, 1963, and Feb. 6, 1964 (FBI documents 94-1-5619- 272, 273, 275, and 287).
See, for instance, FBI memos of Feb. 28 and Oct. 25, 1963, and Feb. 6, 1964 (FBI documents 94-1-5619- 272, 273, 275, and 287).
21
Letter writer to FBI, June 17, 1964, FBI document 94-1-5619-290.
Letter writer to FBI, June 17, 1964, FBI document 94-1-5619-290.
22
Rosen to Belmont, Sept. 17, 1962, FBI document 157-6-53-94.
Rosen to Belmont, Sept. 17, 1962, FBI document 157-6-53-94.
23
Author interview with Douglas Kranwinkle, April 2003.
Author interview with Douglas Kranwinkle, April 2003.
25
Ibid., p. 305.
Ibid., p. 305.
26
Ibid., p. 304.
Ibid., p. 304.
27
Los Angeles Times
editorial, March 12, 1961. See also Robert Gottlieb and Irene Wolt,
Thinking Big
, p. 337.
Los Angeles Times
editorial, March 12, 1961. See also Robert Gottlieb and Irene Wolt,
Thinking Big
, p. 337.
28
Philip Chandler letter to Norman Chandler, May 5, 1963, Los Angeles Times History Center, Norman Chandler files. At the time of my research, the complete files of Norman Chandler were in transition from the
Times
to the Huntington Library. I requested copies of those files from their interim curator, Bill Stinehart. He denied that request without explanation, first orally and then in writing.
Philip Chandler letter to Norman Chandler, May 5, 1963, Los Angeles Times History Center, Norman Chandler files. At the time of my research, the complete files of Norman Chandler were in transition from the
Times
to the Huntington Library. I requested copies of those files from their interim curator, Bill Stinehart. He denied that request without explanation, first orally and then in writing.
29
Norman Chandler letter Philip Chandler, June 19, 1963, Los Angeles Times History Center, Norman Chandler files.
Norman Chandler letter Philip Chandler, June 19, 1963, Los Angeles Times History Center, Norman Chandler files.
33
End-of-term memo, 1961, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1961, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
35
Ibid.
Ibid.
38
End-of-term memo, 1961, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1961, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
39
Author interview with Peter Ehrenhaft, Jan. 31, 2005. See also end-of-term memo, 1961, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
Author interview with Peter Ehrenhaft, Jan. 31, 2005. See also end-of-term memo, 1961, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
42
End-of-term memo, 1961, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1961, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
43
Ibid.
Ibid.
46
Author interview with Jim Adler, Jan. 14, 2005.
Author interview with Jim Adler, Jan. 14, 2005.
49
It is ironic, given that Warren helped scotch the Hastie nomination on the grounds of his conservatism, that White ended up being one of the most conservative members of the Warren Court.
It is ironic, given that Warren helped scotch the Hastie nomination on the grounds of his conservatism, that White ended up being one of the most conservative members of the Warren Court.
50
Frankfurter letter to Kennedy, Aug. 28, 1962, LOC, MD, Brennan correspondence file, 1961-1964.
Frankfurter letter to Kennedy, Aug. 28, 1962, LOC, MD, Brennan correspondence file, 1961-1964.
51
Author interview with Jim Adler, Jan. 14, 2005.
Author interview with Jim Adler, Jan. 14, 2005.
53
Ibid.
Ibid.
56
Ibid.
Ibid.
59
Brown letter to McWilliams, Aug. 2, 1974, UCLA, Charles E. Young Research Library, Special Collections, Carey McWilliams papers. See also Edmund Brown, Sr.,
Earl Warren: Fellow Constitutional Officers
.
Brown letter to McWilliams, Aug. 2, 1974, UCLA, Charles E. Young Research Library, Special Collections, Carey McWilliams papers. See also Edmund Brown, Sr.,
Earl Warren: Fellow Constitutional Officers
.
60
Ibid.
Ibid.
61
Author interview with Earl Warren, Jr., Nov. 25, 2003.
Author interview with Earl Warren, Jr., Nov. 25, 2003.
62
Ibid.
Ibid.
64
Ibid.
Ibid.
67
Richard Reeves,
President Kennedy, Profile of Power
, p. 435. McGrory's comment comes from a 1964 Press Panel oral history prepared by the Kennedy Library.
Richard Reeves,
President Kennedy, Profile of Power
, p. 435. McGrory's comment comes from a 1964 Press Panel oral history prepared by the Kennedy Library.
69
Abe Fortas's oral argument in
Gideon v. Wainwright
, 372 U.S. 335 (1963), Jan. 15, 1963. Argument accessed at
Oyez.org
.
Abe Fortas's oral argument in
Gideon v. Wainwright
, 372 U.S. 335 (1963), Jan. 15, 1963. Argument accessed at
Oyez.org
.
73
Powe was the first to discover the intertwined history of
Douglas
and
Gideon
, and he notes that the justices held
Douglas
over because they already had secured Fortas to argue
Gideon
as the landmark case. Having done so, they did not then want to steal his thunder by announcing
Douglas
first.
Powe was the first to discover the intertwined history of
Douglas
and
Gideon
, and he notes that the justices held
Douglas
over because they already had secured Fortas to argue
Gideon
as the landmark case. Having done so, they did not then want to steal his thunder by announcing
Douglas
first.
75
Ibid. (concurrence).
Ibid. (concurrence).
77
King's case challenging his arrest eventually found its way to the Supreme Court and posed one of the Court's most difficult problems of the civil rights era. It reluctantly upheld the conviction, concluding that while the “breadth and vagueness of the injunction itself would also unquestionably be subject to substantial constitutional question,” the protesters should have challenged it legally rather than simply violate it. Stewart wrote for the majority in that case. Warren dissented, joined by Brennan and Fortas (
Walker v. City of Birmingham
, 388 U.S. 307 [1967]). When King learned of the ruling, he remarked, “Now even the Supreme Court has turned against us.” Taylor Branch,
At Canaan's Edge
, p. 623.
King's case challenging his arrest eventually found its way to the Supreme Court and posed one of the Court's most difficult problems of the civil rights era. It reluctantly upheld the conviction, concluding that while the “breadth and vagueness of the injunction itself would also unquestionably be subject to substantial constitutional question,” the protesters should have challenged it legally rather than simply violate it. Stewart wrote for the majority in that case. Warren dissented, joined by Brennan and Fortas (
Walker v. City of Birmingham
, 388 U.S. 307 [1967]). When King learned of the ruling, he remarked, “Now even the Supreme Court has turned against us.” Taylor Branch,
At Canaan's Edge
, p. 623.
81
End-of-term memo, 1962, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1962, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
82
Ibid.
Ibid.
85
Kennedy Address to the Nation, June 11, 1963, Public Papers of the President, 237âRadio and Television Report to the American People on Civil Rights. Obtained courtesy John Woolley and Gerhard Peters of The American Presidency Project, University of California at Santa Barbara;
http://www.presidency.ucsb.edu
.
Kennedy Address to the Nation, June 11, 1963, Public Papers of the President, 237âRadio and Television Report to the American People on Civil Rights. Obtained courtesy John Woolley and Gerhard Peters of The American Presidency Project, University of California at Santa Barbara;
http://www.presidency.ucsb.edu
.
87
Drew Pearson diary entry, Aug. 29, 1963, LBJ Library, Drew Pearson papers, Earl Warren #2 file.
Drew Pearson diary entry, Aug. 29, 1963, LBJ Library, Drew Pearson papers, Earl Warren #2 file.
90
Kennedy telegram to Warren, March 23, 1963, LOC, MD, Warren papers, personal file, Presidents' correspondence, 1953-1963.
Kennedy telegram to Warren, March 23, 1963, LOC, MD, Warren papers, personal file, Presidents' correspondence, 1953-1963.
91
Kennedy letter to Warren, Sept. 23, 1963, LOC, MD, Warren papers, personal file, Presidents' correspondence, 1953-1963.
Kennedy letter to Warren, Sept. 23, 1963, LOC, MD, Warren papers, personal file, Presidents' correspondence, 1953-1963.
92
Various letters, 1953-1954, LOC, MD, Warren papers, personal papers, real estate file.
Various letters, 1953-1954, LOC, MD, Warren papers, personal papers, real estate file.
94
Drew Pearson diary entry for Aug. 4, 1963, LBJ Library, Pearson papers, diaries.
Drew Pearson diary entry for Aug. 4, 1963, LBJ Library, Pearson papers, diaries.
96
Author interview with Jeffrey Warren, Aug. 26, 2003.
Author interview with Jeffrey Warren, Aug. 26, 2003.
97
Proceedings of the Bar and Officers of the Supreme Court of the United States, Proceedings Before the Supreme Court of the United States, May 27, 1975.
Proceedings of the Bar and Officers of the Supreme Court of the United States, Proceedings Before the Supreme Court of the United States, May 27, 1975.
98
Author interview with Warren Olney IV, Feb. 10, 2004.
Author interview with Warren Olney IV, Feb. 10, 2004.
99
Author interview with Judge James Lee Warren, Nov. 23, 2003.
Author interview with Judge James Lee Warren, Nov. 23, 2003.
100
This event is captured in news photographs of the evening. Other details, including Warren's reaction to the Kennedys, were supplied by papers and recollections of Jeffrey Warren, interviewed by the author on Aug. 26, 2003.
This event is captured in news photographs of the evening. Other details, including Warren's reaction to the Kennedys, were supplied by papers and recollections of Jeffrey Warren, interviewed by the author on Aug. 26, 2003.
2
Author interview with Beytagh, April 8, 2005. See also McHugh letter to John Weaver, Oct. 12, 1965, LOC, MD, Warren papers, Kennedy file.
Author interview with Beytagh, April 8, 2005. See also McHugh letter to John Weaver, Oct. 12, 1965, LOC, MD, Warren papers, Kennedy file.
4
McHugh letter to John Weaver, Oct. 12, 1965, LOC, MD, Warren papers, Kennedy file.
McHugh letter to John Weaver, Oct. 12, 1965, LOC, MD, Warren papers, Kennedy file.
5
Warren handwritten and typewritten statements, Nov. 22, 1963, LOC, MD, Warren papers, Personal file, Presidents' correspondence, 1953-1963.
Warren handwritten and typewritten statements, Nov. 22, 1963, LOC, MD, Warren papers, Personal file, Presidents' correspondence, 1953-1963.
6
Author interview with Beytagh, April 8, 2005. Johnson's inquiry was made to Robert Kennedy, who forwarded it to Nicholas Katzenbach. He eventually read the oath to the Johnson party, by then on
Air Force One
on the Love Field tarmac in Dallas. The oath was administered by Sarah Hughes, a Texas federal judge whose appointment had been a source of tension between Johnson and the Kennedy administration to which he was uncomfortably appended. In the aftermath of that day, the questions about the administration of the oathâwhether Robert Kennedy or Johnson had suggested it, whether it was even necessary at allâwould widen the already broad rift between Johnson and Kennedy. See William Manchester,
The Death of a President, 1960
, and Max Holland,
The Kennedy Assassination Tapes
.
Author interview with Beytagh, April 8, 2005. Johnson's inquiry was made to Robert Kennedy, who forwarded it to Nicholas Katzenbach. He eventually read the oath to the Johnson party, by then on
Air Force One
on the Love Field tarmac in Dallas. The oath was administered by Sarah Hughes, a Texas federal judge whose appointment had been a source of tension between Johnson and the Kennedy administration to which he was uncomfortably appended. In the aftermath of that day, the questions about the administration of the oathâwhether Robert Kennedy or Johnson had suggested it, whether it was even necessary at allâwould widen the already broad rift between Johnson and Kennedy. See William Manchester,
The Death of a President, 1960
, and Max Holland,
The Kennedy Assassination Tapes
.
8
Manchester places Nina Warren at home at the time of the assassination. Beytagh insists she was at a luncheon and returning that afternoon. Because Beytagh's memory of that day is clearâand because Manchester garbles some other small details regarding Warren (his secretary's name, for instance, appears in Manchester as Dorothy not Margaret McHugh)âI have relied on Beytagh. Beytagh's account also explains why Warren drove with him, not with Clemencia and Nina, to Andrews Air Force Base that evening.
Manchester places Nina Warren at home at the time of the assassination. Beytagh insists she was at a luncheon and returning that afternoon. Because Beytagh's memory of that day is clearâand because Manchester garbles some other small details regarding Warren (his secretary's name, for instance, appears in Manchester as Dorothy not Margaret McHugh)âI have relied on Beytagh. Beytagh's account also explains why Warren drove with him, not with Clemencia and Nina, to Andrews Air Force Base that evening.
9
Author interview with Beytagh, April 8, 2005.
Author interview with Beytagh, April 8, 2005.
11
Oral history interview with Warren, Sept. 21, 1971, by Joe B. Frantz, LBJ Library (Internet copy). Also author interview with Beytagh, April 8, 2005, and follow-up interview. In his memoirs, Warren wrote that he was accompanied by Nina at Andrews that evening, and his daily schedule for November 22 suggests her presence as well. That does not agree with Manchester's account or Beytagh's memory, though it is possible that she joined the chief justice after Beytagh dropped him off, since she still had access to the chief justice's car.
Oral history interview with Warren, Sept. 21, 1971, by Joe B. Frantz, LBJ Library (Internet copy). Also author interview with Beytagh, April 8, 2005, and follow-up interview. In his memoirs, Warren wrote that he was accompanied by Nina at Andrews that evening, and his daily schedule for November 22 suggests her presence as well. That does not agree with Manchester's account or Beytagh's memory, though it is possible that she joined the chief justice after Beytagh dropped him off, since she still had access to the chief justice's car.
12
Warren Commission Report, p. 157.
Warren Commission Report, p. 157.
13
Warren did not record his reaction to the press conferences as they took place, but the Warren Commission report reflects his dismay at the pretrial publicity orchestrated by Dallas authorities. See Warren Commission Report, pp. 231-40.
Warren did not record his reaction to the press conferences as they took place, but the Warren Commission report reflects his dismay at the pretrial publicity orchestrated by Dallas authorities. See Warren Commission Report, pp. 231-40.
14
Memoirs
, p. 352. Manchester maintains that Jackie Kennedy did not call Warren directly, but it is difficult to imagine that Warren misremembered that conversation, which he recalled not only in his memoirs but also in conversations with friends, clerks, and family members for years afterward.
Memoirs
, p. 352. Manchester maintains that Jackie Kennedy did not call Warren directly, but it is difficult to imagine that Warren misremembered that conversation, which he recalled not only in his memoirs but also in conversations with friends, clerks, and family members for years afterward.
16
Copies of Warren's remarks are in his memoirs, as well as in the files of the various brethren. Warren stumbled slightly in the penultimate paragraph, hence the ellipsis.
Copies of Warren's remarks are in his memoirs, as well as in the files of the various brethren. Warren stumbled slightly in the penultimate paragraph, hence the ellipsis.
17
Author interview with Beytagh, April 8, 2005.
Author interview with Beytagh, April 8, 2005.
18
Public Papers of the President, Nov. 27, 1963. The American Presidency Project, UC Santa Barbara, Johnson Papers, 11.
Public Papers of the President, Nov. 27, 1963. The American Presidency Project, UC Santa Barbara, Johnson Papers, 11.
19
Warren schedule, Nov. 28, 1963, LOC, MD, Earl Warren papers, Personal file, 1963 Calendars.
Warren schedule, Nov. 28, 1963, LOC, MD, Earl Warren papers, Personal file, 1963 Calendars.
20
Author interview with Beytagh, April 8, 2005.
Author interview with Beytagh, April 8, 2005.
21
Presidential daily diary, Nov. 29, 1964, LBJ Library.
Presidential daily diary, Nov. 29, 1964, LBJ Library.
22
Oral history interview with Warren, LBJ Library, p. 15. Johnson recalled the conversation somewhat differently, saying, for instance, that the number of potential fatalities was 40 million, but he acknowledged, indeed boasted, of using the threat of war to induce Warren's participation. See Holland,
The Kennedy Assassination Tapes
, p. 205.
Oral history interview with Warren, LBJ Library, p. 15. Johnson recalled the conversation somewhat differently, saying, for instance, that the number of potential fatalities was 40 million, but he acknowledged, indeed boasted, of using the threat of war to induce Warren's participation. See Holland,
The Kennedy Assassination Tapes
, p. 205.
23
Oral history interview with Warren, LBJ Library, p. 15.
Oral history interview with Warren, LBJ Library, p. 15.
25
Warren was, Beytagh said in our interview, “the opposite of upbeat.” Author interview with Beytagh, April 8, 2005.
Warren was, Beytagh said in our interview, “the opposite of upbeat.” Author interview with Beytagh, April 8, 2005.
26
Author interview with Jesse Choper, Sept. 9, 2003.
Author interview with Jesse Choper, Sept. 9, 2003.
28
Oral history interview with Jacqueline Kennedy Onassis, May 13, 1981, University of Kentucky, Lexington.
Oral history interview with Jacqueline Kennedy Onassis, May 13, 1981, University of Kentucky, Lexington.
29
This conversation is related, in context, in Holland,
The Kennedy Assassination Tapes
, pp. 195-206. The Miller Center for Public Affairs at the University of Virginia offers the unedited tape through its website,
http://millercenter.virginia.edu
.
This conversation is related, in context, in Holland,
The Kennedy Assassination Tapes
, pp. 195-206. The Miller Center for Public Affairs at the University of Virginia offers the unedited tape through its website,
http://millercenter.virginia.edu
.
30
I have adopted Holland's punctuation and rendering of the tape. While others have rendered the tape more formally, Holland better captures Johnson's manner and language. As noted above, the tape is publicly available through the Miller Center.
I have adopted Holland's punctuation and rendering of the tape. While others have rendered the tape more formally, Holland better captures Johnson's manner and language. As noted above, the tape is publicly available through the Miller Center.
31
To Specter, Ford said he “was resisting as strongly as I could.” But Johnson's call to Ford lasted all of 1:32 minutes, and Ford's response to Johnson consisted entirely of “Well, you know very well I would be honored to do it, and I'll do the very best I can” (Miller Center tape; Holland transcript, p. 186).
To Specter, Ford said he “was resisting as strongly as I could.” But Johnson's call to Ford lasted all of 1:32 minutes, and Ford's response to Johnson consisted entirely of “Well, you know very well I would be honored to do it, and I'll do the very best I can” (Miller Center tape; Holland transcript, p. 186).
32
Author interview with confidential source.
Author interview with confidential source.
33
Executive session transcript, Dec. 5, 1963, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 1.
Executive session transcript, Dec. 5, 1963, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 1.
34
Ibid., p. 39.
Ibid., p. 39.
35
Olney's duties and communications with Warren are reflected in papers at the LOC, MD, Warren papers, Lower courts file, Administrative Office of the Courts papers.
Olney's duties and communications with Warren are reflected in papers at the LOC, MD, Warren papers, Lower courts file, Administrative Office of the Courts papers.
36
FBI interview with Olney, Oct. 12, 1978, NARA, College Park, House Select Committee on Assassinations, Numbered files.
FBI interview with Olney, Oct. 12, 1978, NARA, College Park, House Select Committee on Assassinations, Numbered files.
37
Executive session, Dec. 5, 1963, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 47.
Executive session, Dec. 5, 1963, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 47.
38
Executive session, Dec. 6, 1963, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 21.
Executive session, Dec. 6, 1963, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 21.
39
Ibid., p. 6.
Ibid., p. 6.
40
Executive session, Dec. 16, 1963, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, pp. 1-9.
Executive session, Dec. 16, 1963, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, pp. 1-9.
41
Ibid., p. 11.
Ibid., p. 11.
42
Ibid., p. 18.
Ibid., p. 18.
43
Ibid., p. 20.
Ibid., p. 20.
44
Hoover to Tolson, Belmont, DeLoach, Evans, and Rosen, Dec. 14, 1963, FBI document 94-1-5619.
Hoover to Tolson, Belmont, DeLoach, Evans, and Rosen, Dec. 14, 1963, FBI document 94-1-5619.
46
Author interview with Mosk, April 20, 2005.
Author interview with Mosk, April 20, 2005.
47
DeLoach memo to Mohr, Dec. 17, 1963, NARA, College Park, House Select Committee on Assassination records, FBI Investigative file on Lee Harvey Oswald.
DeLoach memo to Mohr, Dec. 17, 1963, NARA, College Park, House Select Committee on Assassination records, FBI Investigative file on Lee Harvey Oswald.
48
Ibid. When the DeLoach memo became public years later, then President Ford insisted that his contacts had not continued during the rest of the Commission's service. No other documentation has surfaced to challenge Ford's denial.
Ibid. When the DeLoach memo became public years later, then President Ford insisted that his contacts had not continued during the rest of the Commission's service. No other documentation has surfaced to challenge Ford's denial.
50
Ibid.
Ibid.
51
Ibid.
Ibid.
52
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
53
Author interview with Beytagh, April 8, 2005.
Author interview with Beytagh, April 8, 2005.
55
Ibid.
Ibid.
56
Warren often made this point to confidants and interviewers. See, for example, his interviews with Morrie Landsberg and Tony Lewis after his retirement.
Warren often made this point to confidants and interviewers. See, for example, his interviews with Morrie Landsberg and Tony Lewis after his retirement.
59
See Brennan correspondence with Arthur Freund, LOC, MD, Brennan papers, Part II, Correspondence files, Freund folders.
See Brennan correspondence with Arthur Freund, LOC, MD, Brennan papers, Part II, Correspondence files, Freund folders.
60
Warren speech at Duke University, April 27, 1963, LOC, MD, Warren papers, Speeches file.
Warren speech at Duke University, April 27, 1963, LOC, MD, Warren papers, Speeches file.
61
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
62
Elizabeth Black,
Mr. Justice and Mrs. Black: The Memoirs of Hugo L. Black and Elizabeth Black
, diary entry for May 11, 1964, p. 92.
Elizabeth Black,
Mr. Justice and Mrs. Black: The Memoirs of Hugo L. Black and Elizabeth Black
, diary entry for May 11, 1964, p. 92.
63
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
65
Archibald Cox letter to Chief and Justices, Nov. 21, 1963, PU, ML, Harlan papers,
Griffin v. Maryland
file.
Archibald Cox letter to Chief and Justices, Nov. 21, 1963, PU, ML, Harlan papers,
Griffin v. Maryland
file.
66
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
68
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II. See also Roger Newman,
Hugo Black
, pp. 540-48.
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II. See also Roger Newman,
Hugo Black
, pp. 540-48.
69
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1963, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
71
Ibid.
Ibid.
72
Ibid.
Ibid.
73
Ibid. (Black concurrence).
Ibid. (Black concurrence).
75
Memos and drafts contained in Harlan papers, PU, ML, Harlan papers,
New York Times v. Sullivan
file.
Memos and drafts contained in Harlan papers, PU, ML, Harlan papers,
New York Times v. Sullivan
file.
77
Ibid.
Ibid.
78
Harry Kalven, “The New York Times Case: A Note on âThe Central Meaning' of the First Amendment,”
Supreme Court Review
, 1964, p. 191.
Harry Kalven, “The New York Times Case: A Note on âThe Central Meaning' of the First Amendment,”
Supreme Court Review
, 1964, p. 191.
80
Melvin Eisenberg memo to file, Feb. 17, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy. Arlen Specter,
Passion for Truth
, pp. 53-56. Some have attributed the remark to Rankin, who may well have repeated it on other occasions.
Melvin Eisenberg memo to file, Feb. 17, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy. Arlen Specter,
Passion for Truth
, pp. 53-56. Some have attributed the remark to Rankin, who may well have repeated it on other occasions.
81
Redlich testimony to the House Select Committee on Assassinations.
Redlich testimony to the House Select Committee on Assassinations.
82
Author interview with Sam Stern, May 10, 2005.
Author interview with Sam Stern, May 10, 2005.
83
Executive session, Jan. 22, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 1.
Executive session, Jan. 22, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 1.
84
Executive session, Feb. 24, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy.
Executive session, Feb. 24, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy.
85
Warren letter to Arlen Specter, Feb. 23, 1967, LOC, MD, Warren papers, Organizations file, Kennedy Assassination Commission file, Correspondence, 1963-1967.
Warren letter to Arlen Specter, Feb. 23, 1967, LOC, MD, Warren papers, Organizations file, Kennedy Assassination Commission file, Correspondence, 1963-1967.
86
Ibid.
Ibid.
87
Hearings Before the President's Commission on the Assassination of President Kennedy
, vol. 1, p. 2.
Hearings Before the President's Commission on the Assassination of President Kennedy
, vol. 1, p. 2.
88
Ibid., p. 13.
Ibid., p. 13.
89
Ibid., p. 119.
Ibid., p. 119.
90
Ibid., p. 72.
Ibid., p. 72.
91
Ibid., p. 76.
Ibid., p. 76.
92
Pearson notes, LBJ Library, Aug. 21, 1967.
Pearson notes, LBJ Library, Aug. 21, 1967.
94
Warren Commission Report, p. xiii.
Warren Commission Report, p. xiii.
95
Hearings Before the President's Commission on the Assassination of President Kennedy
, vol. 2, pp. 189-90.
Hearings Before the President's Commission on the Assassination of President Kennedy
, vol. 2, pp. 189-90.
97
Jack Harrison Pollack,
Earl Warren: The Judge Who Changed America
, p. 243. Pollack misreports some of Rowland's testimony, but this exchange appears in substantially similar form elsewhere. It is not in the hearing's official transcript, as it occurred during the recess that Warren called in order to comfort Rowland.
Jack Harrison Pollack,
Earl Warren: The Judge Who Changed America
, p. 243. Pollack misreports some of Rowland's testimony, but this exchange appears in substantially similar form elsewhere. It is not in the hearing's official transcript, as it occurred during the recess that Warren called in order to comfort Rowland.
98
Author interview with Mosk, April 20, 2005.
Author interview with Mosk, April 20, 2005.
100
Executive session, May 19, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, pp. 6601-2.
Executive session, May 19, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, pp. 6601-2.
101
A copy of Ford's notes is included with his pre-presidential papers housed among the Kennedy-related material at NARA, College Park. Warren appears also to have done background work before the meeting, as his personal schedule records a lunch with J. Edgar Hoover less than a week before the hearing over Redlich. Warren schedule, May 13, 1964, LOC, MD, Earl Warren papers, Personal file, 1964 Calendars.
A copy of Ford's notes is included with his pre-presidential papers housed among the Kennedy-related material at NARA, College Park. Warren appears also to have done background work before the meeting, as his personal schedule records a lunch with J. Edgar Hoover less than a week before the hearing over Redlich. Warren schedule, May 13, 1964, LOC, MD, Earl Warren papers, Personal file, 1964 Calendars.
102
Executive session, May 19, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 6608.
Executive session, May 19, 1964, NARA, College Park, Records of the Presidential Commission to Investigate the Assassination of President Kennedy, p. 6608.
103
Ibid., pp. 6612-16.
Ibid., pp. 6612-16.
104
Author interview with Ford, Dec. 8, 2004.
Author interview with Ford, Dec. 8, 2004.
105
Warren schedule, May 19, 1964, LOC, MD, Earl Warren papers, Personal file, 1964 Calendars.
Warren schedule, May 19, 1964, LOC, MD, Earl Warren papers, Personal file, 1964 Calendars.
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