J. Edgar, Habeas & The Red Dress Of Grievances

by: Paul Rosenberg

Sun Dec 23, 2007 at 15:20



Somewhere in hell, J. Edgar is smiling.  "Hoover Planned Mass Jailing in 1950", Tim Weiner reports in the NY Times.

Weiner:

A newly declassified document shows that J. Edgar Hoover, the longtime director of the Federal Bureau of Investigation, had a plan to suspend habeas corpus and imprison some 12,000 Americans he suspected of disloyalty.

Hoover sent his plan to the White House on July 7, 1950, 12 days after the Korean War began. It envisioned putting suspect Americans in military prisons.

Hoover wanted President Harry S. Truman to proclaim the mass arrests necessary to "protect the country against treason, espionage and sabotage." The F.B.I would "apprehend all individuals potentially dangerous" to national security, Hoover's proposal said. The arrests would be carried out under "a master warrant attached to a list of names" provided by the bureau.

The names were part of an index that Hoover had been compiling for years. "The index now contains approximately twelve thousand individuals, of which approximately ninety-seven per cent are citizens of the United States," he wrote.

"In order to make effective these apprehensions, the proclamation suspends the Writ of Habeas Corpus," it said.

Habeas corpus, the right to seek relief from illegal detention, has been a fundamental principle of law for seven centuries. The Bush administration's decision to hold suspects for years at Guantánamo Bay, Cuba, has made habeas corpus a contentious issue for Congress and the Supreme Court today.

The Constitution says habeas corpus shall not be suspended "unless when in cases of rebellion or invasion, the public safety may require it." The plan proposed by Hoover, the head of the F.B.I. from 1924 to 1972, stretched that clause to include "threatened invasion" or "attack upon United States troops in legally occupied territory."

After the terrorist attacks of Sept. 11, 2001, President Bush issued an order that effectively allowed the United States to hold suspects indefinitely without a hearing, a lawyer, or formal charges. In September 2006, Congress passed a law suspending habeas corpus for anyone deemed an "unlawful enemy combatant."

Weiner pretty adroitly nails the historical connections in a very straightforward way.  It's not impossible for the corporate media to report things accurately.

Just rare.

Paul Rosenberg :: J. Edgar, Habeas & The Red Dress Of Grievances
I make fun of Hoover with the image up front.  But that's only because such figures as he deserve only ridicule.  Among the less known atrocities of his decade-long reign was his extensive, but ultimately failed war against Albert Einstein, which is document and described in exquisite detail in the book, The Einstein File.

About the book, Publishers Weekly said:

Not only did J. Edgar Hoover keep a well-guarded (and sometimes comically erroneous) secret file on Albert Einstein, reveals Jerome, a journalist and consultant to Syracuse University's Newhouse School of Communications, he actively sought to have the physicist deported. Though Einstein was far too popular to be brought down by Hoover's normal smear tactics (even when covertly laundered through congressional committees), his file was filled with 1,800 pages of raw materials. But the lists of organizations he supported (antifascist, pacifist and antiracist) and "unsavory" people he knew, such as Paul Robeson, lacked bite, since Einstein (unlike his biographers) happily publicized these associations. Accusations of subversive activity ranged from the surreal (mind control and death rays) to carelessly recycled Nazi propaganda.

Hoover's only hope lay in exposing Einstein as a Soviet spy, a task he fruitlessly pursued from 1950 to 1955 (when Einstein died). Einstein - revealed as anything but politically naïve - fought back against this chilling rerun of his experience in Germany 20 years earlier by calling for civil disobedience in resisting McCarthy and the House un-American Activities Committee, the most radical statement by any major figure at the time. Jerome suggests that popular history has been twisted by this encounter. If Hoover utterly failed to limit Einstein's political influence in his lifetime, Jerome argues, he helped de-politicize Einstein's image, reducing his impact on future generations, pa process this book should help reverse.

Ridicule is all these people deserve.


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Not entirely accurate (0.00 / 0)
Smintheus notes at DailyKos that Weiner wrote in the Times that 'In September 1950, Congress passed and the president signed a law authorizing the detention of "dangerous radicals" if the president declared a national emergency. Truman did declare such an emergency in December 1950, after China entered the Korean War. But no known evidence suggests he or any other president approved any part of Hoover's proposal.'

Smintheus writes, "In point of fact Truman did NOT sign the McCarran Act in September 1950. Quite the opposite, he vetoed the bill and denounced it as unconstitutional." Congress overrode Truman's veto.

(See http://www.dailykos....)


Good Point (0.00 / 0)
I have to admit I wrote this diary while listening to one of my favorite radio shows.  So I only skimmed the article, then carefully read the part I focused on for purposes of quoting.

Truman's relationship with Hoover specifically, and the entire tide of political hysteria was a complicated one.  He bowed to it--even encouraged it--in some respects, and in others he stood firmly against it.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Has there been any worse "Americans" in history (0.00 / 0)
than Hoover and Roy Cohn?

Maybe Rove and that's it.  How can we be proud of a country or the very overrated agency called the FBI when that fuckball was running it for fifty years?

For some reason, it seems that Obama has some pathological and deep-seated psychological need for Republicans to like him.  Seriously.  It's weird.


Just When They Think They Are Out... (4.00 / 1)
In the 1980s, they thought they had finally gotten themselves clear of his legacy, and what do they do?  Start infiltrating church groups that are giving sanctuary to Central Americans fleeing from the death squads we trained and paid for.

I'm sure there are many fine people working for the FBI. Coleen Rowley was one such example, and clearly she is far from alone. Heck, one of my favorite TV shows is Criminal Minds, and although it's fiction, it has a factual core, and the fact that homocidal psychopathy can be understood and dealt with is indeed a very important one.  Those who work to protect society against such threats are clearly doing good and noble work.  But they do it within an insititution that has repeatedly stained the good names of the best who work inside of it.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
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