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National Japanese American Historical Society Department of Justice. In view of the contrariety of the reports...we do not ask the Court to take judicial notice of the recital of those facts contained in the Report." Translated into layman's terms, the footnote clearly repudiates the Final Report. Burling writes a memo the same day, stating "There is no doubt that these statements [in the Final Report] are intentional falsehoods...." Sept 30: Printer's proofs of the Justice Dept. brief, with the newly added footnote, are sent to the War Department for final approval. McCloy demands that the printing presses be stopped and the footnote altered. After two days of heated discussion between the War and Justice Depts., the footnote is watered down to: "We have specifically recited in this brief the facts relating to the justification for the evacuation, of which we ask the Court to take judicial notice; and we rely on the Final Report only to the extent that it relates to such facts." The innocuous language of the altered footnote does not alert the Supreme Court to the deficiencies of the Final Report or to the exculpatory evidence which the Justice Dept. had received from the FBI and FCC. Dec. 17: The War Department revokes the West Coast Exclusion order, effective January 2, 1945, in anticipation of the Supreme Court's decision on Endo the following day. Dec. 18: The Supreme Court rules on Korematsu and Endo. By a 6 to 3 margin, the Court upholds Korematsu's conviction for violation of the exclusion order and affirms the constitutionality of DeWitt's exclusion order. The Court's decision rests on acceptance of DeWitt's justification of "military necessity." In his dissent, Justice Jackson states: "There is sharp controversy as to the credibility of the DeWitt report. So, the Court, having no real evidence before it, has no choice but to accept DeWitt's own unsworn, self-serving statement, untested by any cross examination, that what he did was reasonable." In the Endo case, the Court rules that the War Relocation Authority cannot detain admittedly loyal citizens against their will, clearing the way for Japanese Americans to return to the West Coast. —1945 — Sept. 2: Japan formally surrenders to the U.S. Sept. 4: The Western Defense Command revokes exclusion orders and military restrictions against persons of Japanese ancestry. — 1980 — July 31: Pres. Jimmy Carter signs Public Law 96-317, establishing the Commission on Wartime Relocation and Internment of Civilians (CWRIC) to conduct hearings on the removal and incarceration of Japanese Americans during World War II. CWRIC hearings held around the nation help galvanize the redress and reparations movement. —1981 — July: Bay Area Attorneys for Redress (BAAR) submit a 57-page statement, in the form of a legal brief, to the CWRIC. BAAR brands the internment His long fight ends in victory on ON by Terry McDermoti The war, finally, is over. II ended yesterday for Gordon Hirabayashi 44 years after it began, a period that consumed nearly two-thirds of his life. U.S. District Court Judge Donald Voorhees declared the US, government had erred dur- Hirabayashi and 110,000 other Japanese Americans removed from the Wem Coast and imprisoned in the inferior because of the alleged threat thev posed to security. "I feel that mv 40-year crusade has been vindicated/' Hira- as immoral and unconstitutional, and charges that Supreme Court opinions in the internment cases rested on "racial stereotypes and myths devoid of scientific testimony, evidence or documentation." Oct: Peter Irons, a lawyer and historian, discovers documents in Justice Dept. files, dated in 1943 and 1944, containing internal complaints from government lawyers that their superiors had engaged in the "suppression of evidence" and had submitted "lies" to the Supreme Court in the Hirabayashi, Korematsu and Yasui cases. Believing that the newfound evidence provides a basis for vacating their convictions by petitioning for writs of error Coram Nobis, Irons contacts Hirabayashi, Yasui and Korematsu. Dec. 9: Peter Irons testifies at the CWRIC hearing in Cambridge, MA. Based on his research, he charges that government officials had engaged in serious misconduct by destroying or withholding documents and withholding relevant information from the Supreme Court in the wartime test cases. Coram Nobis Timeline (cont'd next page) "! feel that my 40-year crusade has be Gordon Hirabayashi. bayashi said after reading the gradual" decision. men co that crusade began in 1942 for refu when Hirabayashi, son of King .... County truck "farmers and then a pjease < University of Washington under- I i Heritage •Spring 1999 ]3
Object Description
Title | Coram Nobis and the Continuum of Activism |
Description | The Seasonal Magazine, Nikkei Heritage, publishes another volume of their magazine. |
Subjects | Redress and reparations--Legal petitions/coram nobis cases |
Type | image |
Genre | Periodicals |
Language | eng |
Collection | Hirasuna Family Papers |
Collection Description | 27 items |
Project Name | California State University Japanese American Digitization Project |
Rights | Rights not yet transferred |
Description
Local ID | csufr_hfp_0668 |
Project ID | csufr_hfp_0668 |
Title | Page 13 |
Creator | National Japanese American Historical Society |
Date Created | 1999 - 00 - 00 |
Subjects | Redress and reparations--Legal petitions/coram nobis cases |
Type | image |
Genre | Periodicals |
Language | eng |
Collection | Hirasuna Family Papers |
Collection Description | 8.48 x 10.90in |
Rights | Rights not yet transferred |
Transcript | National Japanese American Historical Society Department of Justice. In view of the contrariety of the reports...we do not ask the Court to take judicial notice of the recital of those facts contained in the Report." Translated into layman's terms, the footnote clearly repudiates the Final Report. Burling writes a memo the same day, stating "There is no doubt that these statements [in the Final Report] are intentional falsehoods...." Sept 30: Printer's proofs of the Justice Dept. brief, with the newly added footnote, are sent to the War Department for final approval. McCloy demands that the printing presses be stopped and the footnote altered. After two days of heated discussion between the War and Justice Depts., the footnote is watered down to: "We have specifically recited in this brief the facts relating to the justification for the evacuation, of which we ask the Court to take judicial notice; and we rely on the Final Report only to the extent that it relates to such facts." The innocuous language of the altered footnote does not alert the Supreme Court to the deficiencies of the Final Report or to the exculpatory evidence which the Justice Dept. had received from the FBI and FCC. Dec. 17: The War Department revokes the West Coast Exclusion order, effective January 2, 1945, in anticipation of the Supreme Court's decision on Endo the following day. Dec. 18: The Supreme Court rules on Korematsu and Endo. By a 6 to 3 margin, the Court upholds Korematsu's conviction for violation of the exclusion order and affirms the constitutionality of DeWitt's exclusion order. The Court's decision rests on acceptance of DeWitt's justification of "military necessity." In his dissent, Justice Jackson states: "There is sharp controversy as to the credibility of the DeWitt report. So, the Court, having no real evidence before it, has no choice but to accept DeWitt's own unsworn, self-serving statement, untested by any cross examination, that what he did was reasonable." In the Endo case, the Court rules that the War Relocation Authority cannot detain admittedly loyal citizens against their will, clearing the way for Japanese Americans to return to the West Coast. —1945 — Sept. 2: Japan formally surrenders to the U.S. Sept. 4: The Western Defense Command revokes exclusion orders and military restrictions against persons of Japanese ancestry. — 1980 — July 31: Pres. Jimmy Carter signs Public Law 96-317, establishing the Commission on Wartime Relocation and Internment of Civilians (CWRIC) to conduct hearings on the removal and incarceration of Japanese Americans during World War II. CWRIC hearings held around the nation help galvanize the redress and reparations movement. —1981 — July: Bay Area Attorneys for Redress (BAAR) submit a 57-page statement, in the form of a legal brief, to the CWRIC. BAAR brands the internment His long fight ends in victory on ON by Terry McDermoti The war, finally, is over. II ended yesterday for Gordon Hirabayashi 44 years after it began, a period that consumed nearly two-thirds of his life. U.S. District Court Judge Donald Voorhees declared the US, government had erred dur- Hirabayashi and 110,000 other Japanese Americans removed from the Wem Coast and imprisoned in the inferior because of the alleged threat thev posed to security. "I feel that mv 40-year crusade has been vindicated/' Hira- as immoral and unconstitutional, and charges that Supreme Court opinions in the internment cases rested on "racial stereotypes and myths devoid of scientific testimony, evidence or documentation." Oct: Peter Irons, a lawyer and historian, discovers documents in Justice Dept. files, dated in 1943 and 1944, containing internal complaints from government lawyers that their superiors had engaged in the "suppression of evidence" and had submitted "lies" to the Supreme Court in the Hirabayashi, Korematsu and Yasui cases. Believing that the newfound evidence provides a basis for vacating their convictions by petitioning for writs of error Coram Nobis, Irons contacts Hirabayashi, Yasui and Korematsu. Dec. 9: Peter Irons testifies at the CWRIC hearing in Cambridge, MA. Based on his research, he charges that government officials had engaged in serious misconduct by destroying or withholding documents and withholding relevant information from the Supreme Court in the wartime test cases. Coram Nobis Timeline (cont'd next page) "! feel that my 40-year crusade has be Gordon Hirabayashi. bayashi said after reading the gradual" decision. men co that crusade began in 1942 for refu when Hirabayashi, son of King .... County truck "farmers and then a pjease < University of Washington under- I i Heritage •Spring 1999 ]3 |