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106
Oral history interview, Bartley Cavanaugh,
Hunting and Fishing with Earl Warren
, p. 9. 107. Author interview with Ford, Dec. 8, 2004. Also Specter,
Passion for Truth
, p. 108.
108
Warren Commission Report, pp. 92-110. That conclusion was further strengthened by the House Select Committee on Assassinations, which subjected the bullet to neuron activation analysis and concluded that the fragments recovered from Connally were “highly likely” to have come from the same bullet that was found on the governor's stretcher and that the shot to Kennedy's head came from a different bullet. The Committee supported the single-bullet theory, and it too concluded that it was consistent with the film and other evidence. See Committee report, pp. 42-48 (Internet copy).
109
Specter,
Passion for Truth
, p. 112.
110
Specter remembers the interrogation taking place in the afternoon, but the transcript of the session indicates that it began at 11:45 A.M.
Hearings Before the President's Commission on the Assassination of President Kennedy
, vol. 5, p. 181.
111
Specter,
Passion for Truth
, p. 113. Also oral history interview with Warren, Sept. 21, 1971, by Joe B. Frantz, transcript on file at LBJ, p. 15 (Internet copy).
112
Hearings Before the President's Commission on the Assassination of President Kennedy
, vol. 5, p. 182. Warren would later regret having agreed to the test, as his acquiescence was interpreted as an endorsement of the machines. As for the test itself, the examiner concluded that Ruby told the truth on the relevant questions, while J. Edgar Hoover expressed doubt about whether the results were reliable, especially given Ruby's mental state. The Commission elected to attach the transcript and analysis to its report but did not rely on either to reach its conclusions. Warren Commission report, Appendix 17, pp. 807-16.
113
Hearings Before the President's Commission on the Assassination of President Kennedy
, vol. 5, p. 198-99, cited in Warren Commission report, p. 354. The citation in the official report contains an incorrect note, suggesting that the testimony here came from another source; that appears to be merely a typographical error, for the note given as 1084 in fact corresponds to footnote 1094).
114
Warren Commission exhibit 2421, vol. 25, p. 523.
115
Among Ruby's possessions when he was arrested were Polaroid photographs taken the previous morning of a sign that disturbed him. It was a billboard in Dallas. On it were the words “Impeach Earl Warren.” Warren Commission hearings, testimony of George Senator, vol. 14, pp. 220-21.
116
U.S. News & World Report
, Aug. 12, 1992.
117
Ibid. To DeLoach in their December conversation, Ford also indicated that Warren was mindful of the political calendar; Ford said Warren hoped to finish by July.
118
Warren schedule, July 6 and Aug. 1, 1964, LOC, MD, Earl Warren papers, Personal file, 1964 Calendars.
119
Pearson notes, Aug. 21, 1967, Pearson papers, LBJ Library.
120
Specter,
Passion for Truth
, p. 120. Specter quotes Ford, who does not name the Commission member who objected; in his recollections during his oral history interview for the Johnson Library, Warren downplayed the seriousness of the objection but identified Russell as the person who protested.
121
Warren Commission Report, p. 21.
122
Holland,
The Kennedy Assassination Tapes
, p. 251. Also Miller Center tape of conversation from Sept. 18, 1964.
123
Warren Commission Report (
New York Times
edition), p. xxxviii.
124
Max Holland,
American Heritage
, Nov. 1995.
125
Hoover to Warren, June 16, 1968. FBI document 94-1-5619-318.
126
Hearings Before the President's Commission on the Assassination of President Kennedy
, vol. 1, p. 187.
127
Ibid., vol. 2, p. 51.
128
Ibid., vol. 5, p. 552. When Lane eventually did supply the tape, it did not support his version of the conversation but rather showed him attempting to lead the witness and her resisting his attempts to put words in her mouth.
129
Ibid., vol. 5, p. 553.
130
Mark Lane,
Rush to Judgment
, p. 83.
131
Ibid., p. 105.
132
Belin,
November 22, 1963, You Are the Jury
, p. 150.
133
To Drew Pearson, Warren said Lane had “got into some trouble for molesting children,” ending Lane's political career. In public, Warren was never so crass. Pearson diaries, entry for Oct. 26, 1966, LBJ Library, Pearson papers, Earl Warren folder.
134
Memoirs
, p. 367.
135
Patricia Lambert,
False Witness
, p. 182 (citing New Orleans
Times-Picayune
, Dec. 27, 1967).
136
FBI urgent teletype to Director from New Orleans, Sept. 5, 1967 NARA, College Park, House Select Committee on Assassinations, Records of the Federal Bureau of Investigation, HQ.
137
Note filed under Domestic Intelligence Division, Sept. 5, 1967, NARA, College Park, House Select Committee on Assassinations, Records of the Federal Bureau of Investigation, HQ. As a former chairman of the Warren Commission, Warren might well have had to recuse himself from any such case. It is possible that he used the potential for conflict as a pretext for avoiding Garrison, whom Warren wanted to avoid dignifying by debate.
138
This short summary of Garrison's case is distilled primarily from Lambert,
False Witness
.
139
U.S. News & World Report
, Aug. 17, 1992. See also Warren correspondence with Redlich, Belin in LOC, MD, Warren papers, Organizations file, Kennedy Assassination Commission folders. When Warren learned that Commission staff member Wesley Liebeler had set to work on a book, Warren alerted the FBI's DeLoach and said Liebeler was a “beatnick” and not to be trusted. DeLoach to Tolson, Nov. 25, 1966, FBI document 94-1-5619.
140
There was an obvious and innocent explanation for the entry. Hosty interviewed Marina Oswald after their return from Russia. Lee Oswald, who was not present for the interview, was furious when he learned of it, and in all likelihood had made a note in his book in case he sought to communicate directly with Hosty.
141
House Select Committee on Assassinations, final report, p. 190 (Internet copy).
142
Ibid., p. 43.
143
Holland,
American Heritage
, Nov. 1995.
144
Deposition of J. Lee Rankin, Aug. 17, 1978, NARA, College Park, House Select Committee on Assassinations.
145
The most thorough study of that “evidence” was presented in late 2005. The authors rejected it entirely. See R. Linsker, R. L. Garwin, H. Chernoff, P. Horowitz, and N. F. Ramsey, “Synchronization of Acoustic Evidence in the Kennedy Assassination,”
Science & Justice
, vol. 45, no. 4 (2005).
146
Peter Dale Scott,
Deep Politics and the Death of JFK
, p. 4.
147
Gerald D. McKnight,
Breach of Trust
: “McCormick” references, pp. 32, 74; Kennedy meeting, p. 40; various bullet-grain/postage-stamp comparisons, pp. 120, 182, 222.
CHAPTER 23. AN ENFORCED CODE OF DECENCY
1
Archibald Cox,
The Warren Court: Constitutional Decision as an Instrument of Reform
, p. 6. This title's chapter is taken from an observation regarding Warren and the Court by Arlen Specter, who described the Chief Justice's “code of decency” in
Passion for Truth.
2
Katzenbach v. McClung
, 379 U.S. 294 (1964), and
Atlanta Motel v. United States
, 379 U.S. 241 (1964).
3
Bruce Allen Murphy,
Wild Bill
, pp. 374-77.
4
Griswold v. Connecticut
, 381 U.S. 479 (1965).
5
End-of-term memo, 1964, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
6
Brennan note to Douglas, April 24, 1965, LOC, MD, Douglas papers, Supreme Court file, Case file,
Griswold
miscellaneous folder.
7
Griswold v. Connecticut
, 381 U.S. 479 (1965).
8
Poe v. Ullman
367 U.S. 497 (1961) (dissent).
9
Mapp v. Ohio
, 367 U.S. 643, (1961).
10
Griswold v. Connecticut
, 381 U.S. 479 (1965).
11
Ibid.
12
Undated memo, Ely to Warren, LOC, MD, Warren papers, Supreme Court file, Opinions of the Associate Justices,
Griswold v. Connecticut
.
13
Griswold v. Connecticut
, 381 U.S. 479 (1965; concurrence).
14
Ibid. (dissent).
15
Roe v. Wade
, 410 U.S. 113 (1973).
16
Warren to Douglas, June 14, 1965, LOC, MD, Douglas papers, correspondence files, Earl and Nina Warren, 1960-1976.
17
The fishing trip appears to have taken place on Saturday, July 10, 1965, as Nina Warren wrote to Drew Pearson on Monday, July 19, 1965, and noted details of the trip, which she said occurred on “Saturday morning.” Stevenson died on July 14, 1965, a Wednesday.
18
Nina Warren letter to Drew Pearson, July 19, 1965, LBJ Library, Pearson papers, Warren file.
19
President's Daily Diary, diary backup, July 19, 1965, LBJ Library.
20
Oral history interview with Warren, Sept. 21, 1971, by Joe B. Frantz, LBJ Library, p. 20 (Internet copy).
21
Oral history interview with Goldberg, March 23, 1983, by Ted Gittinger, LBJ Library, Interview I, p. 1.
22
Ibid.
23
Laura Kalman,
Abe Fortas
, pp. 242-45.
24
Fortas letter to Johnson, July 19, 1965, LBJ Library, Presidential papers, Confidential file, Supreme Court folder.
25
Kalman,
Abe Fortas
, p. 245.
26
John Lewis,
Walking with the Wind
, p. 327.
27
Andrew Young,
An Easy Burden
, pp. 353-58.
28
Ibid., p. 361.
29
Elizabeth Black,
Mr. Justice and Mrs. Black: The Memoirs of Hugo L. Black and Elizabeth Black
, diary entry for March 12, 1965, p. 105.
30
Lyndon Johnson,
Special Message to the Congress: The American Promise
, March 15, 1965, Presidential Papers, 1965, p. 107.
31
Taylor Branch,
At Canaan's Edge
, p. 115.
32
Lucas Powe,
The Warren Court and American Politics
, p. 259.
33
Robert Dallek,
Flawed Giant
, p. 220
34
United States Constitution, Fifteenth Amendment.
35
South Carolina v. Katzenbach
, 383 U.S. 301 (1966).
36
Ibid.
37
Ibid. (concurrence; dissent).
38
Harper v. Virginia Board of Elections
, 383 U.S. 663 (1966) (Harlan dissent). Only four states imposed a poll tax in 1996: Alabama, Mississippi, Texas, and Virginia.
39
Reynolds v. Sims
, 377 U.S. 533 (1964).
40
Harper v. Virginia Board of Elections
, 383 U.S. 663 (1966).
41
Katzenbach v. Morgan
, 384 U.S. 641 (1966).
42
Powe,
The Warren Court and American Politics
, p. 262.
43
Lassiter v. Northampton Election Board
, 360 U.S. 45 (1959).
44
Ibid., footnote 7.
45
End-of-term memo, 1965, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
46
Katzenbach v. Morgan
, 384 U.S. 641 (1966).
47
Ibid., footnote 10. See also end-of-term memo, 1965, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II. Powe provides a particularly lucid explanation of this case and the accompanying 1966 voting decisions in chapter 10 of
The Warren Court and American Politics.
48
Griffin v. Illinois
, 351 U.S. 12 (1956).
49
Author interviews with Kenneth Ziffren, Jan. 12, 2005, and Michael Smith, July 8, 2005.
50
Gary L. Stuart,
Miranda: The Story of America's Right to Remain Silent
, p. 6.
51
Del Dickson,
The Supreme Court in Conference
, pp. 515-16.
52
These drafts, including Warren's outline, are at the LOC, MD, Warren papers, Supreme Court file, Opinions of the Chief Justice,
Miranda v. Arizona
, Folder 1.
53
End-of-term memo, 1965, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II. Also author interview with Kenneth Ziffren, Jan. 12, 2005.
54
Brennan memo to Warren, May 11, 1966, LOC, MD, Warren papers, Supreme Court file, Opinions of the Chief Justice,
Miranda v. Arizona
, Folder 1.
55
Miranda v. Arizona
, 384 U.S. 436 (1966).
56
Inbau and Reed,
Criminal Interrogation and Confessions
, 1962, cited in
Miranda v. Arizona
, 384 U.S. 436 (1966), footnote 16.
57
Miranda v. Arizona
, 384 U.S. 436 (1966).
58
Ibid. The question of whether
Miranda
constitutes a direct restraint of police or a doctrine of admissibility is a hotly contested one, and one that the Supreme Court has made more difficult with the passage of time. See, for instance, Steven D. Clymer, “Are Police Free to Disregard
Miranda
?”
Yale Law Journal
, vol. 112, pp. 447-552. What seems clear is that Warren, at least, viewed it as both and deliberately wrote it that way.
59
Dickson,
The Supreme Court in Conference
, p. 517.
60
New York Times
, June 14, 1966.
61
Miranda v. Arizona
, 384 U.S. 436 (1966) (Harlan dissent).
62
Ibid.
63
End-of-term memo, 1965, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
64
Ibid.
65
Author interview with Kenneth Ziffren, Jan. 12, 2005.
66
Author interview with Bernard Parks, June 22, 2005.
67
New York Times
, July 23, 1966, cited in Powe,
The Warren Court and American Politics
, p. 399.
68
New York Times
, June 14, 1966.
69
Their letters can be found at the LOC, MD, Warren papers, Supreme Court file, Subject file, Katzenbach-Bazelon correspondence folder.
70
Miranda v. Arizona
, 384 U.S. 436 (1966).
71
Author interview with Bernard Parks, June 22, 2005.
72
Stuart,
Miranda: The Story of America's Right to Remain Silent
, pp. 95-99.
73
Dickerson v. United States
, 530 U.S. 428 (2000).
74
Dallek,
Flawed Giant
, p. 278. The conversation quoted was between Johnson and historian William E. Leuchtenburg.
75
Roth v. United States
, 354 U.S. 476 (1957) (concurrence).
76
Ginzburg v. United States
, 383 U.S. 463 (1966).
77
Author interview with Kenneth Ziffren, Jan. 12, 2005.
78
Memoirs v. Massachusetts
, 383 U.S. 413 (1966).
79
Mishkin v. New York
, 383 U.S. 502 (1966).
80
Ginzburg v. United States
, 383 U.S. 463 (1966) (dissent).
81
Ralph Ginzburg,
Castrated
, p. 11.
82
Author interview with Michael Smith, July 8, 2005.
83
Landsberg interview with Warren, June 23, 1969, transcript provided to the author by Mitchell Landsberg, Morrie's son.
84
Leonard Garment,
The New Yorker
, April 17, 1989. Garment, who worked with Nixon on the
Hill
case, described their discussions and preparations in this piece.
85
Richard Nixon's reargument in
Time, Inc. v. Hill
, Oct. 19, 1966 (accessed at
Oyez.org
).
86
Time, Inc. v. Hill
, 385 U.S. 374 (1967).
87
Garment,
The New Yorker
.
88
End-of-term memo, 1966, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
89
Fortas draft opinion, April 14, 1966, LOC, MD, Warren papers, Supreme Court file, Opinions of the Associate Justices,
Time, Inc. v. Hill
.
90
Elizabeth Black,
Mr. Justice and Mrs. Black
, diary entry for July 28, 1965, p. 119.
91
Brown v. Louisiana
, 383 U.S. 181 (1966).
92
End-of-term memo, 1965, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
93
End-of-term memo, 1966, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
94
Fortas memorandum to the conference, June 14, 1966, PU, ML, Harlan papers,
Time, Inc. v. Hill
file.
95
Garment,
The New Yorker
.
96
Ibid.
97
Warren note to Douglas, June 24, 1999, LOC, MD, Douglas papers, correspondence files, Earl and Nina Warren folder.
98
Loving v. Virginia
, 388 U.S. 1 (1967).
99
Ibid. That language today stands at the center of the nation's gratuitous debate over gay marriage. Should that matter reach the United States Supreme Court—and there seems little likelihood that it will not—the above sentence will surely be cited in defense of the principle that invidious discrimination in the regulation of marriage has no place under the Constitution.
100
Kalman,
Abe Fortas
, p. 320.
101
Author interviews with Jesse Choper and Kenneth Ziffren.
102
Handwritten note from Warren to Johnson, Jan. 11, 1964, LOC, MD, Earl Warren papers, Personal file, Presidents Correspondence, 1964-1973.
103
Johnson letter to Warren, Jan. 14, 1964, LOC, MD, Earl Warren papers, Personal file, Presidents Correspondence, 1964-1973.
104
Warren letter to Johnson, April 6, 1966, LOC, MD, Earl Warren papers, Personal file, Presidents Correspondence, 1964-1973. Detail of the inscription comes from John Weaver,
Warren: The Man, the Court, the Era
, p. 336.
105
President's Daily Diary, diary backup, March 23, 1966, LBJ Library.
106
Warren letter to Johnson, April 6, 1965, LOC, MD, Earl Warren papers, Personal file, Presidents Correspondence, 1964-1973.
107
Pearson letter to Johnson, Feb. 21, 1966, LBJ Library, Office files of White House aides, files of Henry McPherson, Supreme Court decisions folder.
108
Author interviews with Kenneth Ziffren and Michael Smith.
109
Dr. Buckley memo to Jack Valenti, Jan. 13, 1965, LBJ Library, Presidential papers, Confidential file, Supreme Court folder.
110
Johnson letter to Warren, Nov. 8, 1967, LOC, MD, Earl Warren papers, personal papers, Presidents' correspondence, 1964-1973.
111
President's Daily Diary, diary backup, Dec. 4, 1967, LBJ Library.
112
Author interview with Earl Warren, Jr., Nov. 25, 2003.
113
President's Daily Diary, diary backup, June 13, 1967, LBJ Library.
114
Drew Pearson diary entry, Feb. 5, 1966, LBJ Library, Pearson papers, Warren #2 file.
115
Warren to Johnson, June 19, 1967, LBJ Library, Presidential papers, Name file, Warren, Earl.
116
Elizabeth Black,
Mr. Justice and Mrs. Black
, diary entry for Oct. 20, 1967, p. 178.
117
Author interviews with Lucas Powe, June 6, 2005, and Jeffrey Warren, Aug. 26, 2003.
118
Oral history interview with Thurgood Marshall, by T. H. Baker, LBJ Library, p. 18.
119
Ibid.
120
Author interview with Scott Bice, July 11, 2005.
121
Black,
Mr. Justice and Mrs. Black
, diary entry for June 17, 1968, p. 196.
122
Stanley Karnow,
Vietnam: A History
, p. 479.
123
Dallek,
Flawed Giant
, p. 474.
124
Karnow,
Vietnam: A History
, p. 512. Casualty figures courtesy National Archives, Combat Area Casualties Current File (CACCF).
125
Drew Pearson diary entry, Feb. 7, 1966, LBJ Library, Drew Pearson papers, Warren #2 file.
126
Drew Pearson diary entry, Oct. 26, 1966, LBJ Library, Drew Pearson papers, Warren #2 file.
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