Justice for All (112 page)
Authors: Jim Newton
CHAPTER 14. “TRAITOR IN OUR DELEGATION”
CHAPTER 15. THE CHIEF AND HIS COURT
CHAPTER 16. SMEAR
4
Author interview with Virginia Daly, May 31, 2004.
Author interview with Virginia Daly, May 31, 2004.
5
Calendars, Jan. 17-19, 1952, state archives, Governor's Administrative Files, Daily Calendars, 1952.
Calendars, Jan. 17-19, 1952, state archives, Governor's Administrative Files, Daily Calendars, 1952.
6
M. F. Small memo to James Oakley, Feb. 28, 1952, state archives, 1952 Presidential Campaign files, Finance/General, Jan.-May 31, 1952.
M. F. Small memo to James Oakley, Feb. 28, 1952, state archives, 1952 Presidential Campaign files, Finance/General, Jan.-May 31, 1952.
7
“The Washington Merry-Go-Round,” Feb. 21, 1952, copy of the column in Pearson's papers, LBJ Library.
“The Washington Merry-Go-Round,” Feb. 21, 1952, copy of the column in Pearson's papers, LBJ Library.
8
Reporters' Roundup, Warren interview, Feb. 14, 1952, state archives, Warren papers, Administrative files, Alpha File “Political,” 1950-1952.
Reporters' Roundup, Warren interview, Feb. 14, 1952, state archives, Warren papers, Administrative files, Alpha File “Political,” 1950-1952.
13
Ibid., p. 248.
Ibid., p. 248.
14
Undated memorandum titled “Republican National Convention, July 1952, Chicago, Ill.,” HI, Box 3, Political Parties, Republican Party folder. This memo is signed by the author, but use of it is conditioned on not divulging the author's name.
Undated memorandum titled “Republican National Convention, July 1952, Chicago, Ill.,” HI, Box 3, Political Parties, Republican Party folder. This memo is signed by the author, but use of it is conditioned on not divulging the author's name.
15
Ambrose,
Eisenhower, Soldier and President
, p. 265 (taken from interview with Jacqueline Cochran, Eisenhower Library).
Ambrose,
Eisenhower, Soldier and President
, p. 265 (taken from interview with Jacqueline Cochran, Eisenhower Library).
17
Reporters' Roundup, Feb. 14, 1952, state archives, Warren speeches, Alpha File “Political,” 1950-1952.
Reporters' Roundup, Feb. 14, 1952, state archives, Warren speeches, Alpha File “Political,” 1950-1952.
18
Neylan statewide radio address, May 7, 1952, clip of the speech at National Archives, Warren confirmation files, Box 53.
Neylan statewide radio address, May 7, 1952, clip of the speech at National Archives, Warren confirmation files, Box 53.
21
Helyn E. Noid to Nixon, June 9, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Herman Perry correspondence file.
Helyn E. Noid to Nixon, June 9, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Herman Perry correspondence file.
23
Undated “Declaration of Policy,” Free Werdel G.O.P. Delegation, excerpted in oral history interview with Keith McCormac,
Earl Warren's Campaigns
, vol. 3, p. 97.
Undated “Declaration of Policy,” Free Werdel G.O.P. Delegation, excerpted in oral history interview with Keith McCormac,
Earl Warren's Campaigns
, vol. 3, p. 97.
24
The poll and its results are held at RNLB. Weaver (
Warren: The Man, the Court, the Era
, pp. 180-83), among others, discusses the poll and Nixon's preconvention moves.
The poll and its results are held at RNLB. Weaver (
Warren: The Man, the Court, the Era
, pp. 180-83), among others, discusses the poll and Nixon's preconvention moves.
27
Perry to Brennan, April 21, 1952, RNLB, correspondence files.
Perry to Brennan, April 21, 1952, RNLB, correspondence files.
28
Perry to Brennan, May 12, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
Perry to Brennan, May 12, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
29
Nixon to Brennan, June 9, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Brennan correspondence file.
Nixon to Brennan, June 9, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Brennan correspondence file.
30
Perry to Nixon, June 12, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
Perry to Nixon, June 12, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
31
Nixon to Perry, June 16, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
Nixon to Perry, June 16, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
33
Roger Morris,
Richard Milhous Nixon
, p. 693; see also Leo Katcher,
Earl Warren: A Political Biography
, pp. 288-89.
Roger Morris,
Richard Milhous Nixon
, p. 693; see also Leo Katcher,
Earl Warren: A Political Biography
, pp. 288-89.
37
The exchange with Taft is recounted ibid., pp. 252-53.
The exchange with Taft is recounted ibid., pp. 252-53.
38
Undated memorandum titled “Republican National Convention, July 1952, Chicago, Ill.,” HI, Box 3, Political Parties, Republican Party folder. (See note 14 above.)
Undated memorandum titled “Republican National Convention, July 1952, Chicago, Ill.,” HI, Box 3, Political Parties, Republican Party folder. (See note 14 above.)
39
Given the importance of the vote on the Fair Play Amendment, it seems likely that this was the matter that Warren was referring to when he threatened to hurt Eisenhower's candidacy if Nixon was not reined in.
Given the importance of the vote on the Fair Play Amendment, it seems likely that this was the matter that Warren was referring to when he threatened to hurt Eisenhower's candidacy if Nixon was not reined in.
45
Small to Warren, Aug. 25, 1972, Warren memoirs file, BL.
Small to Warren, Aug. 25, 1972, Warren memoirs file, BL.
49
Warren telegram to Nixon, Sept. 11, 1952, RNLB, correspondence files.
Warren telegram to Nixon, Sept. 11, 1952, RNLB, correspondence files.
54
Nixon memorandum of telephone conversation, Sept. 20, 1952, RNLB.
Nixon memorandum of telephone conversation, Sept. 20, 1952, RNLB.
55
Ibid.
Ibid.
56
Stassen telegram to Nixon, Sept. 21, 1952, RNLB, correspondence files.
Stassen telegram to Nixon, Sept. 21, 1952, RNLB, correspondence files.
57
“Warren Silent on Nixon Fund,” Sept. 23, 1952, RNLB, fund files.
“Warren Silent on Nixon Fund,” Sept. 23, 1952, RNLB, fund files.
59
Ibid.
Ibid.
60
Author interview with Herb Klein, March 23, 2004.
Author interview with Herb Klein, March 23, 2004.
62
Ibid., p. 282.
Ibid., p. 282.
63
Warren memorandum to the conference, May 15, 1965, Princeton University, Mudd Library, John Marshall Harlan papers, Correspondence, Earl Warren file.
Warren memorandum to the conference, May 15, 1965, Princeton University, Mudd Library, John Marshall Harlan papers, Correspondence, Earl Warren file.
65
Ronald Humphreys telegram to Murray Chotiner, Sept. 23, 1952, RNLB, fund file.
Ronald Humphreys telegram to Murray Chotiner, Sept. 23, 1952, RNLB, fund file.
68
Farewell message to the people of California, Oct. 2, 1953, state archives, administrative files, speeches, Alpha file “F.”
Farewell message to the people of California, Oct. 2, 1953, state archives, administrative files, speeches, Alpha file “F.”
69
Oral history interview with Royce D. Delmatier,
The Rumble of California Politics, 1848-1970
, p. 317.
Oral history interview with Royce D. Delmatier,
The Rumble of California Politics, 1848-1970
, p. 317.
70
“Earnings and House, by Industry, California,” annual reports from 1940 to 1953, State Department of Industrial Relations.
“Earnings and House, by Industry, California,” annual reports from 1940 to 1953, State Department of Industrial Relations.
71
Farewell message to the people of California, Oct. 2, 1953, state archives, administrative files, speeches, Alpha file “F.”
Farewell message to the people of California, Oct. 2, 1953, state archives, administrative files, speeches, Alpha file “F.”
72
Interviewed about the case by the Earl Warren Oral History Project in 1971 and 1972, Warren grew agitated. “Nobody,” he insisted, “came to court and testified to anything of that kind [meaning mistreatment of the suspects].” Warren, the transcript notes, banged his hand on the table as he spoke. Oral history interview with Warren,
Conversations with Earl Warren on California Government
, p. 76.
Interviewed about the case by the Earl Warren Oral History Project in 1971 and 1972, Warren grew agitated. “Nobody,” he insisted, “came to court and testified to anything of that kind [meaning mistreatment of the suspects].” Warren, the transcript notes, banged his hand on the table as he spoke. Oral history interview with Warren,
Conversations with Earl Warren on California Government
, p. 76.
73
Ibid., p. 142.
Ibid., p. 142.
1
For the judicial profiles of Warren's colleagues in this chapter, I have drawn from a wide variety of sources, intermingling them in such a way that makes specific attribution at times difficult. These sketches owe much to Henry Abraham's
Justices and Presidents
, Lucas Powe's
The Warren Court and American Politics
, and Edward G. White's
The American Judicial Tradition
(expanded edition) and to leading biographies on the major justicesânamely, Roger K. Newman's
Hugo Black
, Eugene Gerhart's
America's Advocate: Robert Jackson
, Urofsky's
Felix Frankfurter
, and Bruce Murphy's
Wild Bill
(Douglas). Those extraordinarily capable secondary sources are supplemented by the personal papers of Douglas, Harlan, Brennan, Burton, Black, Warren, and Frankfurter, as well as the relevant cases, cited separately.
For the judicial profiles of Warren's colleagues in this chapter, I have drawn from a wide variety of sources, intermingling them in such a way that makes specific attribution at times difficult. These sketches owe much to Henry Abraham's
Justices and Presidents
, Lucas Powe's
The Warren Court and American Politics
, and Edward G. White's
The American Judicial Tradition
(expanded edition) and to leading biographies on the major justicesânamely, Roger K. Newman's
Hugo Black
, Eugene Gerhart's
America's Advocate: Robert Jackson
, Urofsky's
Felix Frankfurter
, and Bruce Murphy's
Wild Bill
(Douglas). Those extraordinarily capable secondary sources are supplemented by the personal papers of Douglas, Harlan, Brennan, Burton, Black, Warren, and Frankfurter, as well as the relevant cases, cited separately.
8
Henry J. Abraham,
Justices and Presidents: A Political History of Appointments to the Supreme Court
, p. 243.
Henry J. Abraham,
Justices and Presidents: A Political History of Appointments to the Supreme Court
, p. 243.
15
Ibid., p. 160.
Ibid., p. 160.
21
Ibid.
Ibid.
22
Ibid.
Ibid.
23
Ibid. (dissent).
Ibid. (dissent).
25
Ibid., p. 195.
Ibid., p. 195.
31
Ibid., p. 345.
Ibid., p. 345.
35
One thing that Douglas had in common with Frankfurter, Black, and Jackson was that he arrived at the Supreme Court with no significant judicial background. That was true also, of course, for Warren.
One thing that Douglas had in common with Frankfurter, Black, and Jackson was that he arrived at the Supreme Court with no significant judicial background. That was true also, of course, for Warren.
37
Ibid.
Ibid.
38
Ibid. (dissent).
Ibid. (dissent).
40
Warren letter to Douglas, Dec. 1, 1950, LOC, MD, William O. Douglas papers, Part 1, Earl and Nina Warren correspondence file.
Warren letter to Douglas, Dec. 1, 1950, LOC, MD, William O. Douglas papers, Part 1, Earl and Nina Warren correspondence file.
41
Undated tribute written after Warren's death in 1974, LOC, MD, William O. Douglas papers, Part 1, Earl Warren subject file.
Undated tribute written after Warren's death in 1974, LOC, MD, William O. Douglas papers, Part 1, Earl Warren subject file.
43
Ibid., p. 280.
Ibid., p. 280.
44
Burton diary entry, Oct. 5, 1953, LOC, MD, Harold H. Burton papers, Diaries, 1953.
Burton diary entry, Oct. 5, 1953, LOC, MD, Harold H. Burton papers, Diaries, 1953.
46
Burton letter to Warren with monograph enclosed, Oct. 12, 1953, LOC, MD, Warren papers, correspondence, Harold Burton file, 1952-57.
Burton letter to Warren with monograph enclosed, Oct. 12, 1953, LOC, MD, Warren papers, correspondence, Harold Burton file, 1952-57.
47
Warren letter to Douglas, Nov. 4, 1953, LOC, MD, Warren papers, correspondence, William O. Douglas, 1955-56.
Warren letter to Douglas, Nov. 4, 1953, LOC, MD, Warren papers, correspondence, William O. Douglas, 1955-56.
48
Clark letter to Warren, Oct. 12, 1953, LOC, MD, Warren papers, correspondence, Tom C. Clark, 1953-1961.
Clark letter to Warren, Oct. 12, 1953, LOC, MD, Warren papers, correspondence, Tom C. Clark, 1953-1961.
50
Black to Hugo and Sterling Black, Oct. 15, 1953, LOC, MD, Black family papers, Hugo Black, Jr., file, 1953-54.
Black to Hugo and Sterling Black, Oct. 15, 1953, LOC, MD, Black family papers, Hugo Black, Jr., file, 1953-54.
1
Public hearings of the Subcommittee of the Committee on the Judiciary, Feb. 19, 1954, as quoted in
New York Times
, Feb. 20, 1954.
Public hearings of the Subcommittee of the Committee on the Judiciary, Feb. 19, 1954, as quoted in
New York Times
, Feb. 20, 1954.
3
Ibid., p. 272.
Ibid., p. 272.
5
See calendar entries for March 30 and April 30, 1954, LOC, MD, calendars for 1953-54.
See calendar entries for March 30 and April 30, 1954, LOC, MD, calendars for 1953-54.
6
Author interview with Warren Olney IV, Feb. 10, 2004. See also Warren Olney,
Law Enforcement and Judicial Administration in the Earl Warren Era
, p. 393.
Author interview with Warren Olney IV, Feb. 10, 2004. See also Warren Olney,
Law Enforcement and Judicial Administration in the Earl Warren Era
, p. 393.
7
Warren speech to Columbia University, Jan. 14, 1954, LOC, MD, Warren papers, speeches file. Also quoted in
New York Times
, Jan. 15, 1954.
Warren speech to Columbia University, Jan. 14, 1954, LOC, MD, Warren papers, speeches file. Also quoted in
New York Times
, Jan. 15, 1954.
8
Although it is impossible to determine the extent or cause, Langer's life was characterized by distinct and abrupt shifts from euphoria to inactivity. His sympathetic biographer, Agnes Geelan, identified diabetes as a likely culprit; see
The Dakota Maverick
, p. 57.
Although it is impossible to determine the extent or cause, Langer's life was characterized by distinct and abrupt shifts from euphoria to inactivity. His sympathetic biographer, Agnes Geelan, identified diabetes as a likely culprit; see
The Dakota Maverick
, p. 57.
11
Two letters regarding Warren's nomination that never found their way to the committee actually were among the more interesting. Loyd Wright, part of California's disaffected right wing and soon to head the American Bar Association, urged Brownell not to pick Warren, whom Wright described as “not a Republican . . . [not] a lawyer nor an executive in the sense of the judiciary” (Wright telegram to Brownell, Sept. 28, 1953, HI, Loyd Wright papers, Political file, Earl Warren folder). Another letter was sent to Justice Jackson by a former clerk, one William H. Rehnquist. In it, Rehnquist reported that among his colleagues in Phoenix, “most everyone . . . was quite disappointed by the nomination of Warren. . . . The few opinions of Warren I have seen have not been very good” (undated but sent apparently in early 1954; Jackson's chambers estimated it to have been written on April 24, 1954; LOC, MD, Jackson papers, General correspondence, William H. Rehnquist folder).
Two letters regarding Warren's nomination that never found their way to the committee actually were among the more interesting. Loyd Wright, part of California's disaffected right wing and soon to head the American Bar Association, urged Brownell not to pick Warren, whom Wright described as “not a Republican . . . [not] a lawyer nor an executive in the sense of the judiciary” (Wright telegram to Brownell, Sept. 28, 1953, HI, Loyd Wright papers, Political file, Earl Warren folder). Another letter was sent to Justice Jackson by a former clerk, one William H. Rehnquist. In it, Rehnquist reported that among his colleagues in Phoenix, “most everyone . . . was quite disappointed by the nomination of Warren. . . . The few opinions of Warren I have seen have not been very good” (undated but sent apparently in early 1954; Jackson's chambers estimated it to have been written on April 24, 1954; LOC, MD, Jackson papers, General correspondence, William H. Rehnquist folder).
12
Testimony of William Rogers before the Subcommittee of the Committee on the Judiciary, Feb. 19, 1954, p. 84.
Testimony of William Rogers before the Subcommittee of the Committee on the Judiciary, Feb. 19, 1954, p. 84.
13
INS wire story, Feb. 2, 1954, carried in
Los Angeles Evening Herald Express
, copy in Judiciary Committee files on Warren nomination, Box 55.
INS wire story, Feb. 2, 1954, carried in
Los Angeles Evening Herald Express
, copy in Judiciary Committee files on Warren nomination, Box 55.
14
Babcoke letter to committee, Dec. 2, 1953, Judiciary Committee files on Warren nomination, Box 53, file labeled “Protests, Arranged Alphabetically, from 97 Individuals.”
Babcoke letter to committee, Dec. 2, 1953, Judiciary Committee files on Warren nomination, Box 53, file labeled “Protests, Arranged Alphabetically, from 97 Individuals.”
15
Undated letter signed “Mr. and Mrs. Fulton,” Glendale, California, Judiciary Committee files on Warren nomination, Box 53, file labeled “Protests, Arranged Alphabetically, from 97 Individuals.”
Undated letter signed “Mr. and Mrs. Fulton,” Glendale, California, Judiciary Committee files on Warren nomination, Box 53, file labeled “Protests, Arranged Alphabetically, from 97 Individuals.”
16
Gorke letter to committee, Jan. 2, 1954, Judiciary Committee files on Warren nomination, Box 53, file labeled “Protests, Arranged Alphabetically, from 97 Individuals.”
Gorke letter to committee, Jan. 2, 1954, Judiciary Committee files on Warren nomination, Box 53, file labeled “Protests, Arranged Alphabetically, from 97 Individuals.”
17
The numbers do not square with Langer's “97 protests” because letters continued to arrive at the committee throughout the proceedings. As such, it is difficult to tell which ninety-seven Langer had in hand when he made his public comments. Although the file labeled “Protests, Arranged Alphabetically, from 97 Individuals” contains fewer than that many letters, other letters from the same time period are scattered throughout the six boxes of material.
The numbers do not square with Langer's “97 protests” because letters continued to arrive at the committee throughout the proceedings. As such, it is difficult to tell which ninety-seven Langer had in hand when he made his public comments. Although the file labeled “Protests, Arranged Alphabetically, from 97 Individuals” contains fewer than that many letters, other letters from the same time period are scattered throughout the six boxes of material.
18
A. F. Levy letter to Judiciary Committee, Jan. 8, 1954, Judiciary Committee files on Warren nomination, Box 53.
A. F. Levy letter to Judiciary Committee, Jan. 8, 1954, Judiciary Committee files on Warren nomination, Box 53.
19
Wain O. Waco letter to Judiciary Committee, Feb. 20, 1954, Judiciary Committee files on Warren nomination, Box 52.
Wain O. Waco letter to Judiciary Committee, Feb. 20, 1954, Judiciary Committee files on Warren nomination, Box 52.
20
Undated statement by McCloskey, presented in writing to the Judiciary Committee, Judiciary Committee files on Warren nomination, Box 53.
Undated statement by McCloskey, presented in writing to the Judiciary Committee, Judiciary Committee files on Warren nomination, Box 53.
21
Oral history interview with Warren Olney,
Law Enforcement and Judicial Administration in the Earl Warren Era
, p. 392.
Oral history interview with Warren Olney,
Law Enforcement and Judicial Administration in the Earl Warren Era
, p. 392.
22
Oral history interview with Warren, LBJ Library, p. 3 (Internet copy).
Oral history interview with Warren, LBJ Library, p. 3 (Internet copy).
23
Undated statement by McCloskey, presented in writing to the Judiciary Committee, Judiciary Committee files on Warren nomination, Box 53.
Undated statement by McCloskey, presented in writing to the Judiciary Committee, Judiciary Committee files on Warren nomination, Box 53.
25
University records confirm that McCloskey attended during that period but did not graduate.
University records confirm that McCloskey attended during that period but did not graduate.
26
McCloskey to Langer, March 27, 1953, Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
McCloskey to Langer, March 27, 1953, Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
27
McCloskey “Statement to the Senate” included in letter to Langer, July 1, 1957, Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
McCloskey “Statement to the Senate” included in letter to Langer, July 1, 1957, Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
28
Testimony of Warren Olney to the Subcommittee of the Committee on the Judiciary, Feb. 20, 1954, p. 13, Judiciary Committee files on Warren nomination, Box 51.
Testimony of Warren Olney to the Subcommittee of the Committee on the Judiciary, Feb. 20, 1954, p. 13, Judiciary Committee files on Warren nomination, Box 51.
29
Letter to American Rally members, May 1954, William Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
Letter to American Rally members, May 1954, William Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
31
Memorandum from Judiciary Counsel to Langer, Judiciary Committee, Feb. 11, 1954, Judiciary Committee files on Warren nomination, Box 51.
Memorandum from Judiciary Counsel to Langer, Judiciary Committee, Feb. 11, 1954, Judiciary Committee files on Warren nomination, Box 51.
32
Undated letter to Judiciary Committee, Judiciary Committee files on Warren nomination, Box 51. The letter is stamped “Rec'd Feb. 19, 1954,” but that is inaccurate, for the charge from the note appears in the counsel's Feb. 11 memorandum; as such, it is impossible to know precisely when it was sent and received.
Undated letter to Judiciary Committee, Judiciary Committee files on Warren nomination, Box 51. The letter is stamped “Rec'd Feb. 19, 1954,” but that is inaccurate, for the charge from the note appears in the counsel's Feb. 11 memorandum; as such, it is impossible to know precisely when it was sent and received.
33
Rogers testimony before the Subcommittee of the Committee on the Judiciary, Feb. 19, 1954, p. 83, Judiciary Committee files on Warren nomination, Box 51.
Rogers testimony before the Subcommittee of the Committee on the Judiciary, Feb. 19, 1954, p. 83, Judiciary Committee files on Warren nomination, Box 51.
34
L. B. Nichols to Tolson, Feb. 9, 1954, FBI document 77-61323-7.
L. B. Nichols to Tolson, Feb. 9, 1954, FBI document 77-61323-7.
35
Judge James Oakley letter to Warren, Feb. 12, 1954, LOC, MD, Warren papers, personal file, correspondence (confirmation file).
Judge James Oakley letter to Warren, Feb. 12, 1954, LOC, MD, Warren papers, personal file, correspondence (confirmation file).
36
Warren investigation, Feb. 16, 1954, FBI document 77-6123-1.
Warren investigation, Feb. 16, 1954, FBI document 77-6123-1.
37
Ibid.
Ibid.
38
Nichols to Tolson, Feb. 16, 1954, FBI document 77-6123-13.
Nichols to Tolson, Feb. 16, 1954, FBI document 77-6123-13.
39
Knowland appearance before Subcommittee of the Committee on the Judiciary, Feb. 19, 1954, p. 80.
Knowland appearance before Subcommittee of the Committee on the Judiciary, Feb. 19, 1954, p. 80.
41
Ibid.
Ibid.
43
Santa Monica Evening Outlook
editorial, Feb. 23, 1954, copy in Judiciary Committee files on Warren nomination, Box 53.
Santa Monica Evening Outlook
editorial, Feb. 23, 1954, copy in Judiciary Committee files on Warren nomination, Box 53.
44
Anne M. Fisher letter to Langer, Feb. 3, 1954, Judiciary Committee files on Warren nomination, Box 52.
Anne M. Fisher letter to Langer, Feb. 3, 1954, Judiciary Committee files on Warren nomination, Box 52.
45
Warren's position on the loyalty oath was noted by the committee, and one clipping about the oath contained in the committee's files bears a handwritten note suggesting that the committee subpoena Neylan to testify against Warren. During the FBI investigation, Warren, at William Rogers's request, drew up a memo explaining his actions in that debate, and the FBI included it in its background report. The “charge” of opposing the oath, however, was placed on a list of those beyond the committee's purview, and never engaged its interest.
Warren's position on the loyalty oath was noted by the committee, and one clipping about the oath contained in the committee's files bears a handwritten note suggesting that the committee subpoena Neylan to testify against Warren. During the FBI investigation, Warren, at William Rogers's request, drew up a memo explaining his actions in that debate, and the FBI included it in its background report. The “charge” of opposing the oath, however, was placed on a list of those beyond the committee's purview, and never engaged its interest.
46
McCloskey letter to Langer, March 27, 1953, William Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
McCloskey letter to Langer, March 27, 1953, William Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
47
Langer letter to McCloskey, April 3, 1953, William Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
Langer letter to McCloskey, April 3, 1953, William Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
48
McCloskey letter to Langer, Nov. 24, 1953, William Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
McCloskey letter to Langer, Nov. 24, 1953, William Langer papers, Chester Fritz Library, University of North Dakota, McCloskey file.
49
Hearing of the Subcommittee of the Committee on the Judiciary, Executive Session, Feb. 20, 1954, p. 9, Judiciary Committee files on Warren nomination, Box 51.
Hearing of the Subcommittee of the Committee on the Judiciary, Executive Session, Feb. 20, 1954, p. 9, Judiciary Committee files on Warren nomination, Box 51.
50
Ibid., p. 21.
Ibid., p. 21.
51
Only once in the Judiciary Committee records is there reference to a past association between McCloskey and Langer. It came in a
Chicago Sun-Times
story that ran after the February 19 hearing. In that story, which also appeared in the February 22 edition of the
Washington Post
, McCloskey described himself as a “disciple” of Langer. Langer demurred, acknowledging that he had known McCloskey for years and respected his judgment but noting that he did not consider him a “political disciple.”
Only once in the Judiciary Committee records is there reference to a past association between McCloskey and Langer. It came in a
Chicago Sun-Times
story that ran after the February 19 hearing. In that story, which also appeared in the February 22 edition of the
Washington Post
, McCloskey described himself as a “disciple” of Langer. Langer demurred, acknowledging that he had known McCloskey for years and respected his judgment but noting that he did not consider him a “political disciple.”
52
Oral history interview with Warren Olney,
Law Enforcement and Judicial Administration in the Earl Warren Era
, p. 392.
Oral history interview with Warren Olney,
Law Enforcement and Judicial Administration in the Earl Warren Era
, p. 392.
53
Hearing of the Judiciary Committee, Executive Session, Feb. 24, 1954, p. 100, Judiciary Committee files on Warren nomination, Box 51.
Hearing of the Judiciary Committee, Executive Session, Feb. 24, 1954, p. 100, Judiciary Committee files on Warren nomination, Box 51.
54
Ibid., p. 147
Ibid., p. 147
55
This page of notes is included in the Judiciary Committee files. It is undated and unsigned, but its contentsâreferences to Warren as “chief magistrate” and to “organized crime”âmake it clear that it is a haphazard record of the Wilson testimony.
This page of notes is included in the Judiciary Committee files. It is undated and unsigned, but its contentsâreferences to Warren as “chief magistrate” and to “organized crime”âmake it clear that it is a haphazard record of the Wilson testimony.
57
Burton Crane letter to Warren, Feb. 21, 1954, LOC, MD, Warren papers, personal file, correspondence (confirmation file).
Burton Crane letter to Warren, Feb. 21, 1954, LOC, MD, Warren papers, personal file, correspondence (confirmation file).
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