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JL 1-1: Pardon - Tokyo Rose (Iva Toguri) (1)
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JL 1-1: Pardon - Tokyo Rose (Iva Toguri) (1)
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The original documents are located in Box 20, folder "JL 1-1: Pardon - Tokyo Rose (Iva Toguri) (1)" of the Kenneth Lazarus Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Some items in this folder were not digitized because it contains copyrighted materials. Please contact the Gerald R. Ford Presidential Library for access to these materials. Dec. 2002 )L1-1 Tokyo Rose expanded from 3 folders to 4 and many mini-foldors also created. It was becoming very disarranged - DAY WASHINGTON OFFICE JACL JAPANESE AMERICAN CITIZENS LEAGUE 1730 RHODE ISLAND AVENUE. N.W. THROUGH WASHINGTON. D.C. 20036 (202) 223-1240 NATIONAL HEADQUARTERS, JACL DAVID E. USHIO, NATIONAL DIRECTOR 1765 POST STREET WAYNE K. HORIUCHI SAN FRANCISCO CALIFORNIA 94115 WASHINGTON REPRESENTATIVE (415) 921-5225 February 20, 1976 Mr. Robert Hartman Counselor to the President LIBRARY GERALD R. FORD The White House Washington, D.C. 20500 Dear Counselor Hartman, It was a pleasure to meet you at the White House today. The proclamation that President Ford signed rescinding Executive Order 9066 has made Japanese Americans feel extremely proud to be associated with President Ford. I only wish that our mutual good friend Buddy Iwata could have attended. I will report back to him regarding the ceremony. To follow up on our conversation, I'm enclosing some recent editorials in support of our campaign to obtain a Presidential pardon for Mrs. Toguri. As I mentioned to you, the support for Mrs. Toguri is widespread. We feel strongly that she is deserving of mercy. It's ironic that strong support for a pardon for her is coming from veterans of WW II who were stationed in the Pacific who enjoyed the radio shows that were attributed to her. I hope you will review the enclosed materials. I would like to meet with you on this matter. With warm personal regards, David Ushio National Director AV FOR BETTER AMERICANS IN A GREATER AMERICA IVA TOGURI: SUMMARY OF A TRAGIC CASE "The case was a political one. It arose in the immediate Using the name "Orphan Ann," Iva Toguri was one of post-war (World War II) period when the public temper many women announcers used by Japanese-controlled was still inflamed against Japan and citizens of this country radio stations scattered in fourteen locations throughout of Japanese ancestry. It was not merely difficult, but Asia and the Pacific. But unknown to anyone in Japan at impossible to obtain justice at the time for an accused the time, American soldiers coined the name "Tokyo Rose" person of such ancestry, however innocent. Iva (Toguri) and applied it to any and all women broadcasters heard was one of the victims of the war. She became a casualty on Japanese radio. "Tokyo Rose" was a generic term, of our judicial system which failed to protect her funda- created from the loneliness, frustrations, and fantasies of mental constitutional rights, and failed to accord her even the American soldiers - and the image was not entirely the decency of a fair trial Thus wrote attorney Wayne unfavorable. American soldiers eagerly tuned in to hear M. Collins, Sr., in an unsuccessful petition for presidential their favorite "Tokyo Rose" play the latest American pop pardon in 1968. music, read amazingly accurate war news, and dabble in humor and nostalgia. The Iva Toguri case is a tragic story of how a young American woman was trapped in Japan during World War At the end of the war, American journalist capitalized II, how she became victimized by a romantic image on the tremendous curiosity about the identity of the created by American soldiers, and how she is still affected legendary "Tokyo Rose." iva Toguri was one of the many today, some thirty years later. women implicated, but she alone became the scapegoat. The U.S. Occupation Forces imprisoned her in Japan for more than one year without charges, without legal Iva Toguri was born in Los Angeles in 1916 and was counsel, and without trial. After thorough investigations, raised in Southern California. Shortly after her college the Department of Justice concluded there was no case graduation in 1941, she went to Japan to help care for and ordered her released in 1946. But when she applied a seriously sick relative. World War II broke out before to return to the United States in 1947, a fire-storm of she could return, and she was left stranded in an unfamiliar protest was ignited by the newspapers and radio, and country. As an enemy alien in wartime Japan, Iva Toguri she was arrested again in Japan in 1948. She was ordered faced severe survival problems: she was denied food to stand trial for treason in San Francisco - then a strong- rations, was repudiated by her Japanese relatives, and was hold of anti-Japanese prejudice. without money. Japanese authorities constantly harassed her and demanded that she renounce her American A Federal Grand Jury refused to indict Iva Toguri unless citizenship and apply for Japanese citizenship, but she the American POW who worked with her at Radio Tokyo repeatedly refused. was similarly charged with treason. But when prosecutors promised to charge the former POW before an army Since she had no skills in the Japanese language, she court martial, the Grand Jury issued an eight-count indict- had to seek employment utilizing her English language ment against her. (The promise was never kept. The man ablilities. Wherever she worked, she encountered was promoted to major shortly thereafter.) When the trial difficulties because of her outspoken pro-American attitude. started in 1949, prosecutors quickly removed all non- Eventually, she was hired as a typist in the business office whites from the jury. Ironically, the prosecution's case of Radio Tokyo. There she met three male prisoners of rested largely on the testimony of two "turncoat" war (POWs) assigned to the "Zero Hour" (English language American civilian men who worked for Radio Tokyo. music program) who were covertly burlesquing the intent Other prosecution witnesses could only recite the legend of Japanese broadcasts. When Japanese authorities decided of "Tokyo Rose," and could not identify the person on to add a female voice to the program, the POWs trial, The main defense witnesses were the three former recommended Iva Toguri. Initially she refused, but after POWs who had originally asked her to broadcast. Iva she was threatened by Japanese authorities and was Toguri herself testified she firmly believed she was helping secretly assured by her POW friends that she could help the United States. the American war efforts, she agreed. After the longest and most expensive trial on record at the Iva Toguri is now 59 years of age and lives quietly in a time, spectators and journalists were nearly unanimous in Midwestern city. She is still classified as a stateless person predicting complete acquittal or, at worst, a hung jury. and is denied most civil rights. Iva Toguri firmly proclaims When the jury reported a deadlock, the judge reminded her innocence. A renewed effort is underway to redeem them how expensive the trial had been for the government her name and restore her American citizenship via a and appealed to their sense of patriotic duty. Thus presidential pardon. With the support of the American admonished, the all-white jury returned a verdict of people, Iva Toguri may finally be accorded the justice guilty on one of the eight counts. The judge sentenced to which she is entitled. her to ten years imprisonment and a $10,000 fine. Loss of American citizenship was automatic. The preceding is just a brief outline of the ordeal and tragedy of Iva Toguri. For further information and a free Iva Toguri was released from prison in 1956, with reduced copy of the booklet, "Iva Toguri (d'Aquino): Victim of a time for good behavior. But the Immigration and Natural- Legend," please contact: ization Service promptly attempted to deport her as an "undesirable alien." In 1958 the government admitted there was nowhere they could deport her, and reclassified her a "stateless person." In 1968 a federal court ordered the confiscation of her life insurance policies as partial payment of the fine. In 1971 the Justice Department summoned her into federal court to demand payment of the remaining fine. The fine was recently satisfied when her father died and left a will stipulating that the fine be paid from his estate. Three appeals for review to the Supreme Court were denied, and two petitions for pardon to the President were unanswered. The National Committee for Iva Toguri Japanese American Citizens League 1765 Sutter Street San Francisco, California 94115 (415) 921-5225 September 1975. IVA TOGURI (d'AQUINO): VICTIM OF A LEGEND Published by The National Committee for Iva Toguri Japanese American Citizens League 1765 Sutter Street San Francisco, California 94115 (415) 921-5225 FORD is LIBRARY 07V839 September 1975 No charge for single copy. Charge for additional copies equal to the postage rate. This booklet is published in the public interest and may be reproduced for any non-profit purpose. The National Committee for Iva Toguri would appreciate receiving a copy of any reprint or use of this material. Donations may be made to the "JACL Iva Toguri Committee." INTRODUCTION Iva Toguri is a victim of a World War II fantasy - a powerful and persistent legend that continues to plague her today, some 30 years later. Trapped in Japan as a young American woman during the war years, she survived harassment by the Japanese government only to be consumed by a fictitious image created by American soldiers. She became a casualty of the prejudices, stereotypes, and social mores of that era, and was convicted of treason in 1949. After her release from prison, the United States government continued to persecute her with deportation threats and property confiscation. She firmly proclaims her innocence, and a renewed effort is under way to clear her name and restore her constitutional rights. This booklet will describe (1) how a real person was stranded in Japan, (2) how a legend was created, and finally (3) how the real person became tyrannized by that legend. 1 IVA IKUKO TOGURI Early Years (1916-40) Stranded in Japan (1941) Iva Ikuko Toguri was born on July 4, 1916, in Los Angeles, California, Soon after her college graduation, her family learned her maternal aunt in the first daughter of Jun and Fumi Toguri. Her father was born in Japan but Japan was seriously ill with diabetes and high blood pressure, and possibly on naturalized in Canada, and her mother was a Japanese citizen: United States the verge of death. Because her mother was also bedridden with the same law prohibited persons of Asian ancestry (including citizens of Canada) from ailments, Iva Toguri was selected as the family's representative to go to Japan becoming naturalized, so neither parent had an opportunity to gain American and help care for her aunt. Because the matter was urgent, she had to leave citizenship. (This prohibition was not repealed for Japanese until 1952.) promptly. The only available transportation was by ship, which took about Three other children were born to the Toguris: Fred, June, and Inez. Two two weeks (airline passenger service to Japan was not inaugurated until 1947). A months after her birth, Iva Toguri's father entered her name in the genealogical passport took too long to obtain, so she secured a State Department Certificate registry at the family's ancestral village in Japan. This procedure, customary of Identification and hurriedly sailed for Japan on July 5, 1941, one day after at the time, would have given her citizenship rights in Japan, but her father her 25th birthday. She arrived in Yokohama on July 24 with just enough cancelled the registration in 1932. Her father did not register her with the money to buy a ticket back to the United States and with practically no Canadian government, so she lost any eligibility for citizenship rights in knowledge of the Japanese language or customs. Her uncle, Hajime Hattori, Canada. Thus, by the time she was 16 years of age, Iva Toguri was a citizen met her at the pier and took her to his home. After several weeks of getting only of the United States. acquainted with relatives she had never met before, she applied for an American passport at the United States Consulate in Tokyo in August. She The Toguri family lived in predominantly white neighborhoods in various presented her birth certificate and State Department Certificate of Identification, parts of Southern California: Los Angeles, Calexico, San Diego, and Compton. but any person of Asian ancestry claiming U.S. citizenship faced considerable English was the primary language spoken at home, the family belonged to the difficulties because this was during the period of total prohibition of Asian Methodist Church and Iva Toguri's friends were mostly Caucasian. She immigration under the provisions of the Immigration Act of 1924. attended public schools, music and business schools, Compton Junior College, and the University of California at Los Angeles (UCLA). She became an She had not received her passport by October (she later learned her appli- accomplished pianist, was a skilled typist, and was graduated from UCLA with cation had been ignored), and she became nervous over the increasing war a bachelor's degree in zoology in June 1941. During her childhood and rumors in Japan. She contacted her father to ask if she should return, but her student years, she had very little contact with Japanese culture. She had many father reassured her and told her to stay longer for the sake of her sick aunt. talents, but her very "all-American" upbringing ill-prepared her for the Like most other Americans, her father underestimated the ominous war signs unexpected ordeals ahead. during 1940-41: for example, Japan was already at war in Asia and had signed a military alliance with Germany; the United States froze Japanese assets and imposed a total embargo on exports to Japan; Britain and the Dutch East Indies (Indonesia) joined the embargo and effectively cut off Japan's oil supply; U.S. Secretary of State Cordell Hull refused to negotiate reopening oil supplies until Japan ceased aggression and withdrew troops from China, Indochina, and Manchuria; Japan's Prime Minister Fumimaro Konoye (leader of the moderate faction) was forced to resign and General Hideki Tojo (leader of the pro-war faction) took over as Prime Minister. Her father finally realized the danger and sent an urgent cable on December 1 instructing her to board a ship leaving for the United States the next day. She frantically tried to get aboard, but Japanese authorities refused port clearance because she did not have a passport. It actually made no difference because that Japanese-owned ship was in mid-Pacific when Admiral Isoroku Yamamoto's Task Force 2 3 attacked Hawaii, and the ship was ordered to return to Japan. Abandonment and Survival (1942-43) One day after the outbreak of hostilities, the Japanese Army Thought-Control Because of her outspoken support for the United States, inability to speak Police (Kempeitai) interrogated Iva Toguri and demanded that she renounce Japanese well, and frequent visits from the Kempeitai, neighbors taunted her her American citizenship and apply for Japanese citizenship - or else life in aunt and uncle for harboring an enemy. Life became so intolerable that in Japan would be "very, very inconvenient." She flatly refused, stating she was June 1942 the Hattoris told her to live elsewhere. From that time on, Iva raised as an American and could never become a Japanese citizen. Iva Toguri Toguri was on her own, and she very quickly used up what little money she soon learned the meaning of the Kempeitaï's threats: she was classified as an had. Without an income and without a food ration card, she faced the enemy alien, her movements were restricted, she was denied food rations, possibility of starvation. She asked Japanese authorities to imprison her with and she was constantly harassed by the Internal Security Police and Kempeitai. other American nationals, but was refused. Job hunting was difficult because Ironically, if she had succeeded in returning to the United States, she would the only marketable skills she possessed were her abilities in the English have shared the fate of 110,000 other persons of Japanese ancestry (two-thirds language. First, she worked for a pittance (about $5 per month) as a typist of whom were American citizens) living on the West Coast (but not Hawaii) and piano teacher at the Matsumiya English Language School. Later that June, who were classified as the "enemy race," restricted by prohibited zones and she found a part-time job typing and monitoring English language short- a racial curfew, intimidated by the police and federal agents, and eventually wave broadcasts at the Domei News Agency, where she met Felipe J. d'Aquino, imprisoned en masse. Iva Toguri's own parents, brother, and sisters were a Portuguese citizen of Japanese ancestry. Felipe d'Aquino was working as a incarcerated at Gila River, Arizona. (The U.S. government called them linotypist at Domei, and they became good friends (and were later married). "Relocation Centers" but the facilities were actually mass detention camps, complete with barbed wire and guard towers.) In September 1942, she received a notice from the Swiss legation announcing a second and final repatriation ship. Since most of the diplomats and other In February 1942, she learned that the neutral Swiss legation representing supposedly important Americans had already left on the first ship, her chances the United States was accepting applications from American citizens who of getting aboard were good if she could raise the necessary $425 passage. wished to repatriate. A Japan-United States agreement allowed repatriation Unfortunately, she had no savings (her $20 per month salary at Domei was through neutral nations. Iva Toguri applied for repatriation, but without a used for bare survival), had been repudiated by her relatives in Japan, and passport she was informed her citizenship must be confirmed by the American had no means for contacting her parents in America. She could not raise the consulate. On April 4, 1942, the American consular staff, themselves awaiting passage money, and she cancelled her application. repatriation, belatedly processed her August 1941 passport application by attaching a notation stating that her U.S. citizenship was "not proved." Again, She was unable to purchase much food on her low wages and by June 1943 the lack of a passport thwarted her attempt to leave. she was suffering from malnutrition and beriberi. Nursed back to health by her friend d'Aquino, she regained enough strengh by August to take a second part-time job as a typist in the business office of Radio Tokyo. There she met three prisoners of war (POWs): Major Charles Cousens, an Australian captured in Singapore; Captain Wallace Ince, an American captured in Corregidor; and Lieutenant Norman Reyes, a Pilipino (spelling preferred by Pilipino Americans) captured in Bataan. The three men had been experienced radio broadcasters prior to their capture, and they had been assigned to work on the English language "Zero Hour" since March of that year. Iva Toguri became friendly with the POW broadcasters. She spent much of her own meager funds to purchase food, medicine and tobacco, and at considerable risk to herself, secretly gave the supplies to the POW broadcasters and other prisoners at the Bunka POW camp in Tokyo. 4 5 In November, Japanese authorities decided to add a female voice to the Iva Toguri continued to risk her own safety by clandestinely providing "Zero Hour" program. The POWs persuaded the Japanese to select Iva Toguri. American POWs with extra food, clothing, and blankets, plus scarce vitamins The POWs needed a trustworthy companion because they were covertly and medicine. burlesquing the Japanese program intent. When informed of her new duties, Iva Toguri refused. She was then ordered to broadcast by Japanese authorities On April 19, 1945, she married Felipe d'Aquino and converted to and was reminded she had "no choice" in the matter since she was an enemy Catholicism. She became eligible for Portuguese citizenship under the laws alien without any rights. Refusal in militaristic wartime Japan usually resulted of Portugal, but she chose to retain her American citizenship under the laws in severe punishment, including starvation, beatings, and even execution. of the United States. (The Cable Act, as amended in 1931, extended the right Although she was not explicitly threatened with bodily harm, she was well to retain U.S. citizenship to American women who married non-American aware of what happened to others who had refused and was conscious of men of Asian ancestry.) the non-direct manner in which the Japanese spoke. Moreover, Major Cousens took her aside, confined their scheme, and assured her that she would not During the war years, Iva Toguri's problems were similar to an estimated harm and might possibly help the American war effort. Cousens' confidence 10,000 other young Japanese American men and women stranded in Japan. won her over, and she read her first POW-written script over the air on Some, like her, were in Japan to visit relatives, but most were there to attend November 13, 1943. Japanese schools or work for Japanese firms. Due to severe employment discrimination in the United States, it was not unusual for parents to ensure In December 1943, she was forced to quit Domei because of constant an alternative means of livelihood for their children by sending them to Japan arguments with other employees over her pro-American statements, and for part of their education. Most Japanese American college graduates found because her friend d'Aquino got into a fistfight defending her position. that the only means of gaining employment commensurate with their education was to work in Japan. (Two such American college graduates working in Japan later became the key witnesses against Iva Toguri.) All of the Japanese "Orphan Ann" (1944-45) Americans were placed under intense pressure to change their citizenship. Young men were drafted into the army, while others were forced to work Initially, she called herself "Ann" (short for announcer) on the air, but for the government or war industries. With only partial education in Japan, later switched to "Orphan Ann" because she identified with the comic strip most Japanese Americans could not compete with the natives for regular character of "Little Orphan Annie." It was a bitter-sweet, self-mocking name for jobs and had to resort to their English language skills as a means of survival. the young woman who felt lonely and forsaken, but who also thought she When the war ended, the U.S. State Department proclaimed that Japanese was resisting the enemy while waiting to be rescued from her predicament. Americans who served in the Japanese Army, worked for the Japanese In January 1944, she went to the Danish legation as a full-time typist, and on government, or voted in a Japanese election had lost their American citizen- most evenings reported to Radio Tokyo to host a program of music, humor, ship in accordance with the Nationality Act of 1940. If this was true, Iva Toguri nostalgia, and news. She read the scripts exactly as written by her POW was no longer a citizen of the United States, and not subject to the charge compatriots, and her program was always aired from 6 to 7 p.m. Tokyo time. of treason. (Later, in the 1950s, court decisions restored citizenship to However, the female voice on "Zero Hour" was not always that of Iva Toguri. approximatley 5,000 Japanese Americans affected by this State Department She refused to work on Sundays and American holidays, and took frequent ruling.) sick leaves. During her absences, she was replaced by one of the 13 other English-speaking women announcers employed by Radio Tokyo: six Japanese Americans, one white American, one Japanese Canadian, one Japanese Briton, one Swiss, one Japanese, one with Japanese surname of unknown nationality, and one with European surname of unknown nationality. Radio Tokyo had many other English language programs broadcast at different hours of the day, and each program had its own staff. Throughout her stay at Radio Tokyo 6 7 THE LEGEND OF "TOKYO ROSE" A Soldier's Fantasy Pre-World War II Stereotypes Unknown to Iva Toguri, or anyone else in Japan, American soldiers invented Historic stereotypes about Japanese Americans in general, and Asian women the term "Tokyo Rose" and applied it to any and all female broadcasters specifically, created an atmosphere whereby war-weary soldiers and civilians heard on Japanese radio stations. The term "Tokyo Rose" was used as early could easily transfer their fantasies and hostilities to a real person. Negative as December 1941. Part of the experience of fighting in Asia and the Pacific images of Japanese American originated in the 1890s, when the first sizable Islands consisted of listening to a woman with a seductive voice, who played number of immigrants from Japan arrived in the United States and became the latest American popular music, announced American troop movements, targets for anti-Asian prejudice previously. directed against Chinese pioneers. and read the latest war news. The soldiers knew the programs were supposed The anti-Japanese feelings were fueled by Japan's empire building in Asia to be propaganda, but they felt compelled to tune in anyway and spread (Taiwan in 1895, Sakhalin in 1905, Korea in 1910, Manchuria in 1931), and the word about the broadcasts. Soldiers laughed at the obvious propaganda the newspapers were full of stories implying Japanese Americans were the ploys and enjoyed the recently issued American records, which they could outpost for an ever expanding Japanese empire. The newspapers depicted not hear on American shortwave broadcasts. The legend differs according Japanese Americans as being unassimilable and incapable of loyalty to the to the listener: some said she spoke with a British accent, others attributed United States because somehow their ancestral ties to Japan would pre- a Japanese or Asian accent, while still others insisted she had an American dominate. This theme was later expressed by Lt. General John L. DeWitt, accent and used American slang. The listeners even differed on the languages military chief of the Western Defense Command: "A Jap's a Jap. It makes no used: some said English was the only language used, but others claimed difference whether the Jap is a citizen or not. He's still a Jap and can't Japanese, Chinese, and other Asian languages were intermixed. change." The anti-Japanese elements were very influential and succeeded in passing numerous state and federal laws discriminating against Japanese and The lonely soldiers undoubtedly internalized and romanticized what they Japanese Americans. By 1942, the negative stereotypes were so well implanted actually heard, and there was considerable speculation about her physical in the public's consciousness that there was practically no protest over the appearance. "Tokyo Rose" existed more in the imagination than in fact, and mass incarceration of American citizens based solely on a presumption of the image was a fairly pleasant one. In 1944, the Alaskan Defense Command disloyalty. issued a bulletin instructing officers to urge their men to listen to the "Tokyo Rose" broadcasts because they were free from propaganda and were "the The image of the seductive and sinister Asian woman emerged during the strongest factor for building morale of our troops in the Alaskan Chain." height of anti-Chinese agitations during the 1880s, and became particularly Just before the war ended, Captain T.J. O'Brien, Director of Welfare for the prominent when Japan became a military power in the 1930s. Hollywood United States Navy, issued a citation to "Tokyo Rose" for "meritorious service movies and newspaper cartoons confused and combined Chinese and Japanese contributing greatly to the morale of U.S. Armed Forces in the Pacific by images into a general "oriental" stereotype, and Asian women were portrayed persistently entertaining them during those long nights in fox-holes and on as exotic, sexy, and smart, but always determined to corrupt the morality of aboard ship, by bringing them excellent state-side music, laughter and news white American men. about home." The citation was made in jest, but it also reflected the fact that American soldiers enjoyed the broadcasts. Also, a survey conducted by Post World War II Animosities a graduate student at Pennsylvania State University in 1968 found that 93 percent of veterans of the Pacific war thought the "Tokyo Rose" programs Public distrust of Japanese Americans did not subside after the end of the did not have a demoralizing effect, and 84 percent considered the programs war. The well-publicized heroism of the Japanese American soldiers on the to be successful as entertainment. European Front (442nd Regimental Combat Team) helped but did not entirely ameliorate animosity against Japanese Americans. In fact, more violence was committed against Japanese Americans returning to California in 1945-46 8 9 VICTIM OF A LEGEND than during the aftermath of Pearl Harbor in 1941-42. In August 1946, the Detention and Release (1945-46) National Opinion Research Center reported two-thirds of all Americans still believed Japanese Americans had spied for Japan, and only 13 percent believed By the end of the war, the legend of "Tokyo Rose" had become so ex- they had no part in espionage activities for the enemy. Newspapers continued aggerated that "Tokyo Rose" was probably the third most well known Japanese to reinforce distorted images of Asian women through such comic strips as name to Americans (after Emperor Hirohito and Prime Minister Hideki Tojo). "Steve Canyon" and "Terry and the Pirates." American journalists landed in Japan a few days before the formal surrender was signed, and began a frantic and competitive search for the legendary Immigrant Japanese were still prohibited by law from becoming citizens, "Tokyo Rose." Harry Brundidge of Cosmopolitan Magazine and Clark Lee of from owning land, and from engaging in occupations requiring licenses. New International News Service hitched a ride to Tokyo with an advance party immigration from Japan was banned, and 4,724 persons of Japanese ancestry on August 31 and contacted Leslie Nakashima, a Domei News Agency writer were deported during 1945-46 (1,659 immigrant repatriates, 1,949 children whom they knew from before the war. Nakashima told the Americans accompanying parents, 1,116 renunciant expatriates). The bitterness and that there was no person named "Tokyo Rose" and there were five or six pressures during the mass incarceration coerced 5,766 Japanese Americans women at Radio Tokyo who might fit their description. But the legend could into renouncing their American citizenship, but nearly all filed lawsuits after not be deflated so easily. Undaunted, Brundidge and Lee asked Nakashima the war to regain their birthright. (Court decisions between 1945 and 1968 to locate any "Tokyo Rose," and Nakashima, who had a pre-war obligation restored citizenship to nearly all renunciants, including those who expatriated.) to repay, accommodated them by introducing Iva Toguri. American citizens of Japanese ancestry were still prevented from owning homes by restrictive covenants, denied employment in most fields, hindered Brundidge and Lee, in army uniforms and armed, met Iva Toguri on September in social mobility by antimiscegenation laws, and even dead soldiers were 1 and offered her $2,000 for an exclusive story to be published in Cosmopolitan. refused burial in home-town cemeteries. Japanese Americans embarked on That sum was a fortune for anyone who had lived through the war in Japan, a campaign to overcome these injustices, but the struggle was long and hard. and she agreed to their interview. However, when Brundidge cabled Cosmo- The powerful anti-Japanese elements in California had not lost any of their politan editors about his "scoop," the editors rejected his article stating they vigor, so every issue created a prolonged court battle, bitter legislative would not glorify a traitor and refused to pay the $2,000. In the meanwhile, campaign, or heated public debate. other correspondents were filing stories implicating numerous other women, and it soon became obvious that no single individual was "Tokyo Rose." But One of the important postwar issues was the question of statehood for during this hectic and confusing period, Iva Toguri gained the unfortunate Hawaii. The major obstacle hindering statehood was the fact that one-third distinction of receiving the most publicity. She considered herself a heroine of the population of Hawaii was of Japanese ancestry. Mainland Caucasians of sorts, and had no reluctance about granting interviews and signing auto- feared Japanese Americans might control the politics of the Islands, and were graphs, not realizing the consequences would become so serious. unwilling to accept the possibility of a Japanese American being elected to Her triumph was quickly shattered for she alone became the scapegoat. Congress. (The racial prejudices were strong enough to prevent Hawaii state- A few days after the Brundidge-Lee interview she was arrested, but inexplicably hood until 1959.) All of these issues were being contested during the 1945-49 released the next day. The first arrest was probably engineered by Brundidge period; they carried great import for the well-being of every Japanese and Lee to prevent other journalists from interviewing her. She was rearrested American, and in particular for Iva Toguri, who was in Japan and unaware on October 17 and held at a Yokohama prison for one month; then she was of the circumstances closing in around her. transferred to Sugamo Prison in Tokyo, where she remained for another eleven months. (Sugamo was the prison for Japanese leaders accused of war crimes. Prime Minister Tojo and six other high officials were executed there in 1948.) During her 12 months imprisonment, she was never informed of the charges against her, was denied legal counsel, was denied speedy trial, and was prohibited from sending or receiving mail (see Appendix A). She was 10 11 held totally incommunicado for over two months until a Christmas visit from were for removal and exclusion, not prosecution under due process. The her husband was allowed. Thereafter, the only person permitted to visit was protests delayed her return, and in January 1948 her baby died at birth. her husband - for only one twenty-minute session per month. After an exhaustive investigation by the Army and Federal Bureau of Investigation Many newspapers, including the New York Times, published an appeal for any- (FBI), the Justice Department concluded there was insufficient evidence to one able to identify Iva Toguri as "Tokyo Rose" to report to the FBI. Claiming bring charges, and released her on October 25, 1946. During her confinement, to have a "confession," Brundidge dug up his old field notes from the 1945 government agents lost or destroyed their phonograph records and written interview and delivered them to his friend, FBI Director J. Edgar Hoover. transcripts of the alleged "Tokyo Rose" broadcasts. The case appeared closed Attorney General Tom Clark rejected the notes as improper evidence, but and her life temporarily returned to normal. She settled in Tokyo with her Brundidge was not easily put off. Brundidge demanded and received a husband, and became pregnant in 1947. government-paid trip to Japan to get his notes signed by Iva Toguri. She was summoned by the Occupation Army to a meeting with Brundidge and John Going Home (1947-48) B. Hogan, a Justice Department attorney. She had been reading the American newspapers and was aware of the controversy surrounding her application Iva Toguri learned that her mother died in 1942 while incarcerated at to return. She was tired of the uncertainty, wanted desperately to see her Gila River, Arizona, and that her father, brother, and sisters had moved to family, and had come to the conclusion that if a trial was the only way to Chicago. She wanted her child born in the United States (to guarantee clear herself once and for all, she wanted to get on with it. Without legal her child acquire American citizenship), and she had a great desire to see counsel at this critical moment, she signed Brundidge's notes. her family. She applied once again for that long-elusive passport. She became one of the thousands of Japanese Americans stranded in Japan who sought Presumably on the basis of the Brundidge notes, Iva Toguri was arrested to return home, but faced lengthy investigations concerning their activities. once again on August 26, 1948 in Tokyo and charged with treason. While The American Consular officials told her she was "stateless" due to her the government had earlier denied that she was a citizen, they now used marriage to a Portuguese citizen, but that she could re-establish her American the same birth certificate in her passport application as proof of her citizen- citizenship if her passport application was approved. (Consular officials must ship. According to law, when an alleged treason takes place abroad, the trial have been unaware of the amended Cable Act.) must take place at the first location where the accused is returned to American territory. Attorney General Clark publicly admitted she could not receive a The State Department was caught in a bind: if she was permitted to return, fair trial in California. On the other hand, Hawaii might be too tolerant, so there might be a public uproar; but there was no legal means to prevent her Clark initially announced she would be brought directly to the East Coast. It entry because she was a native-born citizen cleared by the Army and the was a difficult, but not impossible, logistical task; and elaborate plans were FBI. Moreover, the Justice Department was in the embarrassing position of made to transport her by air through Canada or Mexico. For an unexplained having lost or destroyed evidence which originally cleared her. Hence, the reason, Clark changed his mind and ordered her brought to San Francisco - government issued a statement to the press that "Tokyo Rose" had applied a city considered to be a center of anti-Japanese prejudice. The ship carrying to return to the United States. The public outcry was immediate and im- Iva Toguri purposely bypassed Hawaii and docked in San Francisco on passioned. Radio commentaor Walter Winchell vigorously campaigned September 25, 1948. She was escorted off the ship by numerous FBI agents against her return (radio in the 1940s was a powerful medium). The American and brought before Federal Commissioner St. J. Fox, who read a complaint Legion and Native Sons and Daughters of the Golden West, with a long charging her with treasonable activities while in Japan. She was then taken history of anti-Asianism, issued strong protests. The Los Angeles City Council to the old county jail near Chinatown's Portsmouth Square. She was finally passed a resolution opposing her return on the curious basis she might home in America, albeit behind bars, and she saw her family for the first adversely affect "loyal" Japanese Americans. Possibly because many Caucasians time since she left home in 1941. The Toguri family searched for a lawyer to could not envision her as an American citizen, no one particularly demanded defend her, but most attorneys turned down the case because the family her prosecution for treason. The traditional goals of anti-Japanese groups was financially impoverished. Eventually, Wayne M. Collins, Theodore Tamba 12 13 and George Olshausen volunteered to represent her without fee. (Collins, defense witnesses from Occupied Japan. The judge denied her constitutional a strong advocate of civil liberties, also was a non-paid volunteer attorney right to summon these witnesses in her favor (see Appendix A). Meanwhile, for Fred Korematsu's constitutional challenge to the wartime incarceration, prosecutors, who were provided with a list of potential defense witnesses, the renunciants' fight to regain American citizenship, and the Japanese Peruvians' teletyped the names and addresses to the FBI Office in Tokyo. FBI Agent battle to prevent deportation to Japan. Collins took these controversial cases Frederick Tillman, accompanied by armed American soldiers, called on the when the National American Civil Liberties Union and National Japanese Japanese witnesses and intimidated them (see Appendix D). The judge allowed American Citizens League declined to act.) She was, at last, accorded the transportation expenses for one defense lawyer and one translator to travel right to legal counsel. to Japan to obtain written depositions, but most witnesses were too frightened by then to cooperate. The prosecution did not have such handicaps. Grand Jury (1948) Prosecutors brought 19 Japanese witnesss from Occupied Japan using government transportation, paid the witnesses $10 per day with government A Federal Grand Jury was convened in San Francisco in October 1948 to funds, and allowed them to go sightseeing for several weeks in California. determine if there was probable cause" for the treason charges. After review- ing the evidence, the Grand Jury refused to indict Iva Toguri unless the other The trial began on July 5, 1949, in the Federal District Court in San Francisco American citizens involved at Radio Tokyo were similarly charged. Grand with Judge Roche presiding. Jury selection proceeded with unexpected Jurors were especially insistent that Captain Ince, a POW who had worked speed and was completed within two hours. Eight non-whites (six Black with her, be charged. When prosecutors claimed Ince was still in the army Americans, two Asian Americans) were on the first jury list, but prosecutors and outside their jurisdiction, the Grand Jury adjourned without an indictment, used peremptory challenges to remove all eight. Prosecutors were allowed went on "strike," and announced they would hold no further sessions until 12 more peremptory challenges, but as soon as the panel was all-white, prosecutors prepared charges against Ince. Harried prosecutors then promised prosecutors announced acceptance. (Special Prosecutor Thomas DeWolfe Ince would be charged before an army court-martial. Based on that explicit was an observer at an earlier treason trial for Tomoya Kawakita in Los promise, the Grand Jury issued an eight-count indictment against Iva Toguri. Angeles. The three jurors who held out longest against conviction were (The promise was never kept. Ince was promoted to major shortly thereafter.) reported to be minority persons: A Black American, a Jewish American, and In historic hindsight, the eight "Overt Acts" charged seem vague and inconse- a Japanese American.) The defense also accepted the all-white jury of six quential (see Appendix B). men and six women. Following the indictment, defense lawyers made a motion for bail, but Federal Judge Louis B. Goodman ordered her confined without bail. She was in prison for nearly two years (counting her imprisonment in Japan) before her trial started the next year. All-White Jury (1949) At the arraignment before Federal District Judge Michael J. Roche on January 4, 1949, Iva Toguri pleaded innocent to all counts. (In 1943, Judge Roche denied a Habeas Corpus petition from Mitsuye Endo, an American woman involuntarily detained despite the government's lack of charges against her. This was one of the important test cases challenging the con- stitutionality of the mass detention of American citizens based on ancestry.) In the preparation for her trial, defense lawyers petitioned the court to subpoena 14 15 The Prosecution Robert 4. Best Douglar Chendled Attorneys for the prosecution were Frank J. Hennessy, head of the Justice with appealing music. Tsuneishi said he waited for a Japanese battle victory Department's Northern California office; Thomas DeWolfe, who had success- to insert propaganda, but Americans won every battle after "Zero Hour" was fully convicted Mildred Gillars for treason; John Hogan, who accompanied inaugurated, and he observed, "Propaganda broadcasts from the losing side Brundidge to Japan; and James Knapp, a new Justice Department lawyer. The were rather ineffectual." He said English-speaking women broadcasters were prosecution was required to prove Iva Toguri committed treason as defined used on 13 Japanese-controlled radio stations besides Tokyo: Arai, Bandung, in the Constitution: "Treason against the United States shall consist only in Bangkok, Hsinking, Korea, Manila, Nanking, Rangoon, Saigon, Shanghai, levying war against them, or adhering to their enemies, giving them aid and Singapore, Soerabaja, Taiwan. (The specific locations in Korea and Taiwan comfort. No person shall be convicted of treason unless on the testimony were not identified.) of two witnesses to the same overt act (see Appendix A). The critical witnesses for satisfying the constitutional requirement regarding Clark Lee opened the prosecution's case, testifying that Iva Toguri admitted treason conviction were two "ex-Americans" who claimed they saw Iva Toguri to him she was a broadcaster at Radio Tokyo. However, Lee could only engaged in broadcasting as charged. One was George Mitsushio, who was testify as to what she allegedly told him at that single interview, and he had born in San Francisco, attended the University of California at Berkeley and no direct knowledge of what went on at Radio Tokyo. Co-accuser Harry Columbia University, but left for Japan in 1940 and eventually became the Brundidge was present in San Francisco during the trial, but strangely enough, civilian chief of the "Zero Hour" program. The other was Kenkichi Oki, who the prosecution did not call Brundidge to the witness stand. The reason was born in Sacramento, attended St. Mary's College in Moraga and New York became obvious when the next prosecution witness was cross-examined. University, but left for Japan in 1939 and eventually became the production FBI Agent Tillman testified he knew that a key witness before the Grand supervisor at Radio Tokyo. Both men claimed they changed nationality by Jury, Hiromi Yagi, was bribed by Brundidge to falsely say he saw and heard signing their names in the Japanese family registry. According to the Jus Iva Toguri broadcasting anti-American statements (see Appendix C). Brundidge Sanguinis laws of Japan, this action made them Japanese citizens; but they was not allowed to testify - apparently because the prosecutors, the de- did not legally renounce their American citizenship before the U.S. Consul. fense attorneys, and the judge all agreed that Brundidge was an unreliable They were technically citizens of both nations, and therefore were subject witness. to treason charges by the United States. Oki testified he was not appearing voluntarily but had been brought forcibly to San Francisco by order of the Several former soldiers testified they heard "Tokyo Rose" while stationed U.S. Occupation Forces. Newspaper commentary focused on the irony of in the Pacific Theater, but they contradicted each other on the broadcaster's Iva Toguri being charged with treason because she insisted on retaining her voice, accent, theme song, language, and time of program. The inconsistency American citizenship, while the key witnesses against her were "turncoats." was due to the fact that the soldiers actually heard different women, on different programs, at different times, broadcast from different locations. The ex-soldiers were actually identifying the legend of "Tokyo Rose", not the person on trial. None of the prosecution's American witnesses saw Iva Toguri commit the overt acts charged. Also, the prosécution did not present any recordings linking the defendant with the overt acts charged. Thus, the prosecution's case depended on the testimony of Japanese officials present at Radio Tokyo during the war. Shigetsugu Tsuneishi, former Lt. Colonel in the Japanese army and chief of propaganda broadcasting, testified under cross-examination that "Zero Hour" was supposed to eventually contain propaganda, but it never got beyond the point of building listener interest 16 17 The Defense The main defense witnesses were the three former POWs who worked on a Japanese radio station in Manila. the "Zero Hour" program. Charles Cousens voluntarily came from Australia at his own expense to testify. Cousens, who had been previously cleared by As the final defense witness, Iva Toguri told her own story to the court. Australian courts, testified he recruited Iva Toguri for the job, recalled he She emphasized she had no intent to betray the United States and believed talked her into broadcasting by assuring her the program was "straight-out she was only entertaining American troops. She said she retained her American entertainment," and had said if she would "place herself under my orders, I citizenship and loyalty throughout the war years, despite threats and pressure. would see to it that she did nothing harmful." He said only bright, pleasant Iva Toguri was a sympathetic and convincing figure for the courtroom audience. music was played, and community sing-alongs were used as morale-building The trial started out in the traditionally anti-Japanese mode: selection of devices. Cousens said he wrote in British idiom, so Iva Toguri could not have an all-white jury, intentional use of the derogatory term "Jap," and segregation spoken with the alleged American slang. of Japanese and Caucasian witnesses into separate waiting rooms. But by the time the trial was nearing conclusion, courtroom spectators and newspaper Wallace Ince, who had been earlier cleared by the U.S. Army and promoted reporters were nearly unanimously sympathetic to the defendant. In a straw to major, corroborated Cousens' testimony. Ince was a cautious witness vote, the press corps voted 9 to 1 for acquittal on all counts. This remarkable because of the Grand Jury's demand for his prosecution. Norman Reyes, who transformation was brought about solely through the persuasiveness of the likewise had been cleared by the Philippine government, also confirmed defendant's case. In contrast to the present-day trials with racial or political Cousens' testimony and added he was so sure of Iva Toguri's loyalty he overtones where defense support groups have helped to raise pertinent issues would have trusted her with his life. But prosecutors produced a statement for the attorneys, judge, press, spectators (and jury indirectly through attorney's signed by Reyes in 1948 which was inconsistent with his oral testimony. Reyes questions and remarks), there were no defense committees for Iva Toguri explained the FBI intimidated and frightened him into signing a fabricated in 1949. statement during a 20-hour interrogation in Occupied Japan. But the judge ruled Reyes to be an unreliable witness, and disqualified all of Reyes' testimony. Conviction and Sentence Yoneko Matsunaga, an American student stranded in Japan during the war, The trial lasted 56 days and cost the government over $500,000. It was testified she was drafted to work as an announcer on the "German Hour," a the longest and most expensive trial on record at the time. The jury began program produced by the German Embassy in Tokyo, and that her broadcasts deliberation on Monday, September 26, and in the early ballots they stood were similar to "Zero Hour." Also, Mark Streeter, an American construction 10 to 2 for acquittal on all counts. By Tuesday night, after 20 hours of debate, worker captured on Wake Island, and John D. Provoo, an American army the jury came to a 6 to 6 deadlock and informed the judge that they were sergeant captured in Corregidor, testified they were forced to do broadcast unable to reach a verdict. Judge Roche called the court into session at 10:15 p.m. work at Radio Tokyo like the defendant. None of the other American citizens that night, declined to rule a hung jury, and admonished the jurors until who engaged in radio broadcast work for the Japanese were ever charged midnight, reminding them how long and expensive the trial had been for the with treason. government and appealing to their sense of patriotic duty. The jury deliberated Three important defense witnesses were disqualified and removed from two more days, and announced their verdict on September 29: innocent on the witness stand by Judge Roche. The judge ruled their testimonies were seven counts; guilty on one count. She was convicted for one "Overt Act": not related to the case. They were Captain Edwin Kalbfleish, Jr., who was "That on a day during October 1944, the exact date being to the Grand Jurors starved, beaten, and nearly executed for refusing to do radio work for the unknown, defendant in the offices of the Broadcasting Corporation of Japan Japanese; Suisei Matsui, who operated a Japanese radio station in Java using did speak into a microphone concerning the loss of ships" (see Appendix B). English-speaking Indonesian women as announcers: Ken Murayama, who wrote There was an audible gasp of disbelief from the 100-plus spectators who had scripts for Myrtle Liston to broadcast programs similar to "Zero Hour" from gathered expecting to celebrate an acquittal. 18 19 Iva Toguri was convicted for allegedly reading over the air, shortly after The Continuing Ordeal (1956 - present) the Battle of Leyte Gulf, the words: "Orphans of the Pacific. You really are orphans now. How will you get home, now that all your ships are sunk?" The Iva Toguri was released from Alderson Federal Reformatory in January 1956, incongruous historic fact is that the Battle of Leyte Gulf was a resounding after serving six years and two months, with reduced time for good behavior. victory for the United States, and it is difficult to imagine how American She was reported to have been a model prisoner. She went to live with her troops could have been demoralized by such words. If anything, it must have family in Chicago. Her return home might seem a final ending to her long sounded like hilarious comedy. struggle, but that was not to be. Promptly upon her release, the Immigration and Naturalization Service began deportation proceedings, claiming she was On October 7, 1949, Judge Roche sentenced Iva Toguri to 10 years in prison an "undesirable alien" and deportable under provisions of the McCarran- and a $10,000 fine. Loss of American citizenship was automatic according to Walter Immigration and Naturalization Act of 1952. She had served her law. Thus, at age 33, she lost the citizenship she so tenaciously preserved sentence and presumably paid her debt to society, exile was not part of her and the citizenship which caused her to be convicted of treason. Defense sentence, and the 1952 law was ex post facto. Nonetheless, the government motions for mistrial, arrest of judgment, clemency, and bail pending appeal gave her 30 days to leave the United States, or be forcibly deported. She were all denied by Judge Roche. Supreme Court Justice William Douglas later moved back to San Francisco in May 1956 to defend herself in the deportation granted bail for $50,000 pending appeal, but the money could not be raised. hearings, living with the Collins family. In 1958, the Immigration and Naturali- She said a final good-bye to her husband, who was in San Francisco for her zation Service cancelled the deportation order, explaining they had nowhere to trial, and was taken to Alderson Federal Reformatory for Women in West deport her since she held neither Japanese nor Portuguese citizenship. She re- Virginia. Felipe d'Aquino was forced to sign a statement that he would never turned to Chicago to live with her father and work in the family store. Reunion try to enter the United States again, and was taken back to Occupied Japan. with her husband was not possible. The United States refused to grant Appeals based on denial of legal counsel, unlawful detention, denial of speedy d'Aquino an entrance visa; and if she left the country as a stateless person, trial, destruction of evidencé, perjured testimony before the Grand Jury, denial she could not expect to return. Despite these barriers, they have not divorced of defense witnesses, misconduct by prosecutors, prejudicial instructions by in deference to their Catholic religion. the judge were all denied by the appellate courts. The Supreme Court rejected appeals for review three times in the next three years. In 1968, the Justice Department demanded payment of the $10,000 fine. However, she was without assets and worked only for subsistence in the family store. A Federal District Court in Chicago ordered her to surrender the cash value of two life insurance policies. The Chicago Japanese Civic Association Credit Union granted a loan equal to the cash value fof $4,745, and the fine was partially satisfied. In 1971, the Justice Department again summoned her into court to demand payment of the balance of $5,255. Attorney Jiro Yamaguchi represented her in the Chicago proceedings; but Wayne M. Collins remained as associate counsel, and Collins blasted the government for capricious harassment. Collins charged the government must have billions of dollars in fines which they never try to collect. On November 14, 1972, the Seventh United States District Court of Appeals denied her a hearing to show why she could not be made to pay the remaining fine. Attorney Theodore Tamba filed a petition for executive clemency (pardon) with the President of the United States on June 7, 1954 (Dwight Eisenhower was President), but Tamba's petition was not answered. Collins filed a second petition for presidential pardon on November 4, 1968 (Lyndon Johnson was 20 21 EPILOGUE President; Richard Nixon was elected one day later), but Collins' petition was During her trial in 1949, there were no organized groups supporting not answered either. A petition for presidential pardon can be filed only once Iva Toguri. While Japanese Americans may have sympathized with her during a six-year period. predicament, there was very little they could effectively do to help while their own position in American society was under attack. As their hard struggle Iva Toguri's father recently died, and his will stipulated that the remaining to gain fundamental rights progressed, Japanese Americans warmed up to fine be paid from his estate. The government collected the last bit of the idea of supporting Iva Toguri, but it was an excruciatingly slow evolution. retribution and closed her case. She is now 59 years of age, manages the In 1957, William Hosokawa suggested in the Japanese American Citizens family store for a living, and tries to remain as inconspicuous as possible. League (JACL) newspaper: "Perhaps it is time to acknowledge that she does She is still a stateless person and she dreads publicity because every time indeed exist, and say firmly that we are interested in seeing that she gains articles appear in the newspapers about "Tokyo Rose," she receives threatening justice." In 1969 proposals were initiated within JACL in support of Iva Toguri mail and telephone calls. and also in 1974 a resolution was adopted by the National Council of the Japanese American Citizens League (JACL) committing support for her The Legend of "Tokyo Rose" persists, but most of Iva Toguri's adversaries (see appendix E). Now the largest national human rights organization are now dead: Journalist Clark Lee died in 1953; Prosecutor Thomas DeWolfe representing Americans of Japanese ancestry with 30,000 members through- in 1959; Journalist Harry Brundidge in 1961; Prosecutor Frank Hennessey in out the United States is supporting Iva Toguri. 1968; Prosecutor John Hogan in 1968. Judge Michael Roche died in 1964. Her loyal defenders are also gone: Theodore Tamba died in 1973 and The general public also had difficulty supporting Iva Toguri during her Wayne Collins in 1974. (The third defense counsel, George Olshausen, is trial. McCarthyism was beginning to sweep the country in 1949, and most living in Europe.) people withdrew from involvement in controversial cases. Congressional committees started investigating alleged communists in government and the movie industry, loyalty oaths were imposed on college professors and the espionage trial of Judith Coplon and perjury trial of Alger Hiss were in progress (Hiss was recently readmitted to the practice of law). When the severe repression subsided a bit in 1957, a small support committee was formed in San Francisco during Iva Toguri's deportation hearing, but people were still afraid to become involved. Wayne M. Collins, Jr., has lived with the Toguri case since childhood, and when his father died he took over as Iva Toguri's attorney and chief advocate. He is planning to file another petition for executive clemency with the President of the United States. With the support of the American people, Iva Toguri has a good chance to redeem her name and regain her precious American citizenship. Iva Toguri deserves justice. She has suffered enough. 22 23 APPENDIX A APPENDIX B CONSTITUTION CHARGES AGAINST OF THE UNITED STATES IVA TOGURI OF AMERICA That said defendant committed each and every one of the overt acts herein described with treasonable intent and for the purpose of, and with the intent Article III, Section 3: in her to adhere to and give aid and comfort to the Imperial Japanese Government. Treason against the United States shall consist only in levying war against them, or adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses Overt Act I: to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason Between March 1, 1944 and May 1, 1944, the exact date being to the Grand shall work corruption of blood, or forteiture except during the life of the Jurors unknown, defendant in the offices of the Broadcasting Corporation person attainted. of Japan discussed with another person the proposed participation of defendant in the radio broadcasting program. (Definition of Corruption of Blood: The effect of an attainder upon a person (Verdict: INNOCENT) which bars him/her from inheriting, retaining, or transmitting any estate, rank, or title.) Overt Act II: Amendment VI: Between March 1, 1944 and May 1, 1944, the exact date being to the Grand Jurors unknown, defendant in the offices of the Broadcasting Corporation In all criminal prosecutions, the accused shall enjoy the right to a speedy of Japan did discuss with employees of the said corporation the nature and public trial by an impartial jury of the state and district wherein the and quality of a specific proposed radio broadcast. crime shall have been committed, which district shall have been previously (Verdict: INNOCENT) ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of Overt Act III: counsel for his defense. Between March 1, 1944 and May 1, 1944, the exact date being to the Grand Jurors unknown, defendant in the offices of the Broadcasting Corporation of Japan did speak into a microphone regarding the introduction of a program dealing with a motion picture involving war. (Verdict: INNOCENT) 24 25 APPENDIX C Overt Act IV: Excerpts from a Letter to the President of the Unitd States Which Accompanied a Petition for Executive Clemency Between March 1, 1944 and May 1, 1944, the exact date being to the Grand Jurors unknown, defendant in the offices of the Broadcasting Corporation By Theodore Tamba, Attorney at Law, June 7, 1954 of Japan did speak into a microphone referring to enemies of Japan. (Verdict: INNOCENT) The most shocking experience I had was the alleged conduct of a man named Harry Brundidge, a newspaperman (who) accompanied to Japan Overt Act V: a man named Hogan, an attorney for the Justice Department Mr. Brundidge is alleged to have deliberately bribed witnesses by promises of trips to the United States and other gifts. While Brundidge was in Japan with Hogan, he Between March 1, 1944 and May 1, 1944, the exact date being to the Grand made contact with (Hiromi) Yagi who was induced to come to the United Jurors unknown, defendant in the offices of the Broadcasting Corporation States as a witness for the United States Government, and who testified before of Japan did prepare a script for subsequent radio broadcast concerning the the United States Grand Jury loss of ships. (Verdict: INNOCENT) My investigation developed that Yagi was then an employee of the Japanese Travel Bureau and I went to the Japanese Travel Bureau and there met Overt Act VI: Yagi. I then asked (Yagi) what he knew about the case of alleged treason against (Iva Toguri). (Yagi) then gave me a narrative of one of the most That on a day during October 1944, the exact date being to the Grand obviously fictitious stories I have ever heard in my professional career. Jurors unknown, the defendant in the offices of the Broadcasting Corporation Finally, under questioning by me, Yagi stated that this was a story he and of Japan did speak into a microphone concerning the loss of ships. (Verdict: Brundidge had concocted GUILTY) I had the occasion (to meet a man named Toshikatsu Kodaira, a Japanese newspaperman working for the United Press in Tokyo). Mr. Kodaira then Overt Act VII: proceeded to narrate the events truthfully and his statements are supported by his deposition on file in the United States District Court in Northern That on or about May 23, 1945, the defendant in the offices of the Broad- California, much of which was not allowed in evidence. (Kodaira stated casting Corporation of Japan did prepare a radio script for subsequent he accompanied Yagi to a meeting with Brundidge, and that Brundidge broadcast. (Verdict: INNOCENT) attempted to bribe both of them with whiskey, clothing, and a trip to the United States.) Kodaira was summoned by the (United States) Occupation to the Office of Occupation Intelligence Service and there he confronted Yagi, Overt Act VIII: who admitted that the testimony he (Yagi) gave before the United States Grand Jury was pure fiction. Kodaira produced the suit of clothes given him by Brundidge. The trousers and coat bore the name of Harry Brundidge. That on a day between May 1, 1945 and July 31, 1945, the exact date being to the Grand Jurors unknown, defendant in the offices of the Broad- casting Corporation of Japan did engage in an entertainment dialogue with an employee of the Broadcasting Corporation of Japan for radio broad- cast purposes. (Verdict: INNOCENT) 26 27 APPENDIX D APPENDIX E Excerpts from a Letter to the President of the United States NATIONAL JAPANESE AMERICAN Which Accompanied a Petition for Executive Clemency CITIZENS LEAGUE RESOLUTION By Wayne M. Collins, Attorney at Law, November 4, 1968 Adopted by the National Council on July 27, 1974 There was no trick or device to which the government's agents would not or did not resort in seeking an undeserved conviction They seized two at the 23rd Biennial National Japanese American of the Australian witnesses (Maj. Charles Cousens and Sgt. Kenneth Parkyns) Citizens League Convention in Portland, Oregon. who had notified the Attorney General that Iva (Toguri) was guiltless of any act against the interests of the United States and that they offered to testify on her behalf. Both were former prisoners of war held by the Japanese WHEREAS, Iva Toguri was the victim of wartime hysteria and became a at the Bunka Prisoner of War Camp in Tokyo. Two F.B.I. agents seized them scapegoat for her alleged role as "Tokyo Rose" for those forces which sought on their arrival from Australia and secreted them in a locked room at the to foster vengeance and national retribution; and Pan American Airway Terminal at the San Francisco Airport and subjected them to interrogation and attempted to browbeat. them into refusing to testify for the defendant. They held those Australian ex-soldiers incommunicado WHEREAS, Iva Toguri suffered imprisonment, embarrassment, and physical until counsel for the defendant was informed by a Customs officer that the and mental anguish for alleged acts of treason; and agents had taken the two Australian passengers to that room. Thereupon, counsel for the defendant broke through the locked door, irrupted into the WHEREAS, it is now apparent that much of the evidence and the conduct room and brought the tete-a-tete to an abrupt climax and halt. of her trial were highly questionable and prejudicial and that in view of the motivations and climate of public hysteria at the time of the trial the verdict On March 1. 1949, the defendant filed a notice of motion for an order of is a blot on the integrity of American jurisprudence; court of the issuance of subpoenas to be served on 43 witnesses for the defendant in Japan for the taking of their depositions. To obtain such an order NOW, THEREFORE, BE IT RESOLVED that the Japanese American Citizens on behalf of the improverished defendant at government expense, the defen- League, meeting at its 23rd Biennial National Convention in Portland, Oregon, dant was required by court rule to file an affidavit specifying therein the name July 23 to 27, 1974, recognize that Iva Toguri was unjustly tried and convicted and address of such witnesses and a statement of the testimony expected in the aftermath of World War II; to be elicited from them. Immediately following the service of such a notice and affidavit on counsel for the prosecution, the names and addresses BE IT FURTHER RESOLVED that the JACL offer to Iva Toguri and her family and contents of the affidavit revealing the testimony expected to be elicited its belated apology for long silence and inaction; from each of the 43 witnesses was teletyped to the Justice Department and relayed to F.B.I. agents in Tokyo. Thereupon, F.B.I. agent Fred Tillman accompanied by one or two M.P.'s called upon a majority of the witnesses BE IT FURTHER RESOLVED that the JACL use its leadership, manpower, and and coerced them to sign statements containing a multitude of falsities. resources to correct the miscarriage of justice in Iva Toguri's case by seeking all executive or other remedies available under the law; BE IT FURTHER RESOLVED that the JACL personally contact Iva Toguri to apprise her of the action of the National Council, and to ask whether she desires, consents to, or accepts any help from the National organization. 28 29 BIBLIOGRAPHY Primary Sources 9. Holmstrom David; "They Called Her 'Tokyo Rose,' " California Living, September 15, 1974, page 16. 1. United States of America, Plaintiffs, vs. Iva Ikuko Toguri d'Aquino, Defendant; 10.Holmstrom, David; "Was Tokyo Rose' Really a Traitor?" Christian Science District Court of the United States for the Northern District of California, Monitor, August 18, 1973, page 7. Southern Division; Case No. 31.712-R, Transcript of the Trial, Federal Archives and Records Center, San Bruno, California. 11.Jordan, Phil; "Interest in Case Looms as Matter of Justice," Pacific Citizen, December 21-28, 1973, page 1. 2. Iva Ikuko Toguri d'Aquino, Appellant, VS. United States of America, Appellee; United States Court of Appeals for the Ninth Circuit; Case No. 12,383; 2.Knickerbocker, Paine; " 'Tokyo Rose: The Prevalence of a Legend," Briefs Regarding Appeal of Conviction; Law Library, City Hall, San Francisco, Nichi Bei Times, December 6-11, 1973. California. 13. Lipton, Dean; "Did We Convict the Wrong Tokyo Rose?" Nexus, Volume 1, 3. United States of America, Plaintiffs, vs. Iva Ikuko Toguri d'Aquino, Defendant; Number 5, page 51, Spring 1964. District Court of the United States for the Northern District of Illinois, Eastern Division; Case No. 66-C-1136, Proceedings Regarding Payment of 14. Olshausen, George; 'Tokyo Rose' - Folklore and Justice," City Lights, Fine; Federal Archives and Records Center, Chicago, Illinois. page 19, July 1952. 4. Delaplane, Stanton; "Coverage of the Trial," San Francisco Chronicle, July 5 15.Reuben, William; "The Strange Case of 'Tokyo Rose,' Frontier, Volume 8, through October 7, 1949. page 10, February 1957. 5. O'Gara, Francis; "Coverage of the Trial," San Francisco Examiner, July 5 16. Tamba, Theodore; "Memoirs: More Light on a Tragic Wartime Case," through October 7, 1949. Hokubei Mainichi, May 1, May 14, June 18, 1973. 6. Tajiri, Marion; "Coverage of the Trial," Pacific Citizen, July 9 through .Ward, David; "The Unending War of Iva Ikuko Toguri d'Aquino," Amerasia October 15, 1949. Reprinted on December 21-28, 1973. Journal, Volume 2, Number 2, page 26, July 1971. 18. Waugh, Isami; "The Trial of Tokyo Rose,' Bridge, Volume 3, Number 1, page 5, February 1974. Secondary Sources Background Sources 7. Fazio, Rose Maria; "The Effects of the Broadcasts of 'Tokyo Rose' During World War II," Masters Thesis, Pennsylvania State University, Speech Department, 1968. 19. Congressional Record; Volume 102, Part 2, page 1683, January 31, 1956. Explanation of the government's position on the deportation proceedings 8. Hada, John; "The Indictment and Trial of Iva Ikuko Toguri d'Aquino - against Iva Toguri. Read into the record by Senator Harley Kilgore, Chairman 'Tokyo Rose,' Masters Thesis, University of San Francisco, History of the Committee on the Judiciary and Subcommittee on Immigration Department, 1973. and Naturalization. 30 31 .Congressional Record; Volume 102, Part 3, page 2851, February 20, 1956. Comments on the loyalty of Japanese Americans when Iva Toguri was released from Alderson Federal Reformatory. Read into the record by Senator Thomas Kuchel of California. 21. Daniels, Roger; The Politics of Prejudice: The Anti-Japanese Movement in California and Struggle for Japanese Exclusion, Atheneum, New York, 1967. 22. Fairbank, John, et. al.; East Asia: The Modern Transformation, Chapter 7, "Imperial Japan," Houghton Mifflin, Boston, 1965. 23. The Grizzly Bear; Official Publication of the Native Sons and Daughters of the Golden West, published monthly; 1945 through 1949. Indicates role of organization in opposing Japanese Americans and Iva Toguri. 24.Heizer, Robert, et. al.; The Other Californians, Chapter 8, "Words and Acts Against the Japanese," University of California, Berkeley, 1971. 25. Kaku, Michio; "Media: Racism in the Comics," Bridge, Volume 3, Number 1, page 25, February 1974. 26. Ogawa, Dennis; From Japs to Japanese: The Evolution of Japanese American Stereotypes, McCutchan, Berkeley, 1971. 27. Pacific Citizen, Official Publication of the Japanese American Citizens League, published weekly; January 1946 through December 1950. Discusses issues pertinent to Japanese Americans in the post World War II period. 28. Paik, Irvin; "That Oriental Feeling: A Look at the Caricatures of the Asians as Sketched by American Movies," Roots: An Asian American Reader, University of California, Los Angeles, 1971, page 30. 29. TenBroek, Jacobus, et. al.; Prejudice, War, and the Constitution, Part I, "The Anti-Japanese Heritage and Activation of the Stereotype," University of California, Berkeley, 1954, 1968. 30. Yoshimura, Evelyn; "G.I.'s and Asian Women," Roots: An Asian American Reader, University of California, Los Angeles, 1971, page 27. 32 1 ine Case of 1 okyo Rose THE WALL STREET JOURNAL, FRIDAY. FEB. 6, 1976 24 THE DENVER POST Thurs., Jan. 8, 1976 THE DENVER POST Clemency Due in 'Tokyo Rose' Case By ROBERT PATTRIDGE quilty acunt The ive: found at 10,73 Editorials The Afterlight On Tokyo Rose MONDAY, FEB. 9, 1976 San Francisco THE VOICE OF THE WEST Chronicle Founded 1865 by Charles and M. H. de Young George T. Cameron, Publisher 1925-55 Charles de Young Thieriot Editor and Publisher Gordon Pates Richard Thieriot Managing Editor Associate Editor Templeton Peck Editorial Page Editor The Honolulu Advertiser Established July 2, 1856 THURSTON TWIGG-SMITH President & Publisher GEORGE CHAPLIN Editor-in-Chief BUCK BUCHWACH Executive Editor JOHN GRIFFIN Editorial Page Editor MIKE MIDDLESWORTH Managing Editor GENE HUNTER Associate Editor Friday, February 6, 1976 Case of "Tokyo Rose' San Francisco The Largest Daily Circulation in Northern Cal 112th Year No. 27 MONDAY, FEB. 16, 1976 Chronicle FINAL ifornia 777-1111 20 CENTS 'Tokyo Rose' Juror Urges a Pardon By Jerry Carroll and Keith Power been whipped up during World Back Page Col. 2 'TOKYO ROSE' JUROR URGES PARDON From Page 1 The host of a bland chatter- "The Army forbade any of its despite the Army findings, and and-platters program on Radio To- officers or men to come to the brought Ivo to trial T+ was to be 16 San Francisco Chronicle ** Mon., Feb. 16, 1976 THE WEEKLY NEWSMAGAZINE Feb. 16, 1976 Vol. 107, No. 7 TIME AMERICAN NOTES ing slowly since 1967, when it stood at ship and, as a result, was convicted in 000000 now." Trouble is, they buy less-just like real dollars. By Any Other Name "Wonder who your wives and girl Taps for the Draft Board 8 TIME, FEBRUARY 16, 1976 HORIUCHI, Wayne K. (re. Iva Toguri case) Ale WASHINGTON OFFICE JACL JAPANESE AMERICAN CITIZENS LEAGUE THROUGH COMPANY 1730 RHODE ISLAND AVENUE. N.W. WASHINGTON, D.C. 20036 (202) 223-1240 NATIONAL HEADQUARTERS, JACL DAVID E. USHIO, NATIONAL DIRECTOR 1765 POST STREET WAYNE K. HORIUCHI SAN FRANCISCO. CALIFORNIA 94115 WASHINGTON REPRESENTATIVE (415) 921-5225 February 24, 1976 Robert T. Hartmann Counsellor to the President The White House 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20036 Dear Counsellor Hartmann, On behalf of the Japanese American Citizens League, I wanted to thank you for the support which you showed in attending the White House Ceremony for the rescission of Executive Order 9066. Japanese Americans can be proud to say that this black mark is now removed from American history. Pursuant to David Ushio's discussion with you regarding the Iva Toguri case, you may find of interest the enclosed editorial from the Washington Evening Star and a letter to the editor in the Wall Street Journal from the case officer who investigated the "Tokyo Rose" case. Again, thank you for the kind and thoughtful consider- ation in supporting the rescission of Executive Order 9066. Mr. Ushio and I hope to be seeing you soon. Sincerely, Wayne K. Horiuchi Washington Representative WKH/llc LIBRARY GERALD R. FORD ap FOR BETTER AMERICANS IN A GREATER AMERICA The Washington Star JOEL ALLBRITTON, Publisher JAMES G. BELLOWS, Editor SIDNEY EPSTEIN, Managing Editor EDWIN M. YODER JR., Associate Editor SUNDAY, FEBRUARY 15, 1976 Tokyo Rose,' echo of history That Tokyo Rose is drawing attention two and tuguese national in 1945) was released after a half decades after her conviction for treason having been imprisoned by the U.S. for more must seem anachronistic, if not downright than a year and after the Army and the Justice mystifying, to that half of today's American Department initially cleared her. Two years population that was not alive in 1945. later, after the government finally had had to The Japanese American Citizens League, with appeal publicly for the witnesses required to 30,000 members, has underway a campaign to prosecute for treason, she was re-arrested, secure a presidential pardon for Iva Toguri taken to San Francisco and indicted - a move D'Aquino. But it is likely to be a futile effort strenuously backed by several veterans organi- the imagery of the notorious nickname, Tokyo zations and by Walter Winchell, among others. Rose, is still too vivid to that other half of the "Government peremptory challenges ex- populace for whom World War II was an indel- cluded any but Caucausian jurors. Defense wit- ible event. nesses testified they were threatened and The Wall Street Journal's Edwin McDowell intimidated by government officials. An FBI recently re-examined the case of Tokyo Rose. agent admitted that one government witness "We're convinced that she was unfairly singled confessed that he had been bribed to testify out and wrongly convicted," David Ushio, direc- falsely against Mrs. D'Aquino before the grand tor of the citizens league, told the reporter; and jury. the Journal story recounts. Mr. McDowell says a lengthy review of the The principal eyewitnesses to Mrs. D'Aqui- record strongly suggests that Mrs. D'Aquino's no's "treason" were two of her Japanese superi- defenders may be right. ors at Radio Tokyo, "both of them American- This is touchy business. Only Mrs. D'Aquino born citizens who renounced their U.S. citizen- and 23 other Americans have been convicted of ship after going to Japan in the 1930s.' All of the treason since 1795. To intimate that a miscar- other female announcers at Radio Tokyo during riage of justice may have occurred in the venge- the war were let off and two of them subsequent- ful mood of the postwar years will be decidedly ly were allowed to return to live in the United uncongenial to some people. States. Iva Toguri was a graduate of UCLA; she was Mrs. D'Aquino was convicted of one count of caught in Japan visiting a sick relative when the trying to undermine American morale during war began. She barely understood the language wartime, though it took the jury three attempts and was under surveillance of the secret police. to come in with a guilty verdict. She went to In late 1943, she began working as a secretary at prison for six years. Mrs. D'Aquino, now 59, Radio Tokyo. About 30 Allied POWs were also lives in Chicago. She is reluctant to assist her there, cooperating under threat of death. When own cause. "I've learned to live with what hap- the 75-minute programs designed to erode the pened to me," she says, "to accept it like an ill- morale of American forces were begun, an Aus- ness." tralian major told the Japanese bosses he want- An election year is not a good time for seeking ed her to help with the announcing because, he a presidential pardon for a person convicted of said, he trusted her to support the POW's efforts treason. But after reading Mr. McDowell's arti- to minimize the propaganda content of the cle, we are persuaded that the case of "Tokyo broadcasts. Rose" does merit official consideration. So she was drafted for the job. There were Two days after Mrs. D'Aquino was sentenced other people with U.S. citizenship at the station in 1949, a small Japanese-American newspaper - Mrs. D'Aquino alone refused to renounce that contended that the government was "punishing citizenship. Had she done so, it is probable she a legend rather than the human being who stood would not have been brought to trial after the in the dock of justice." war. In addition, there were as many as a dozen On the possibility that such may have been "Tokyo Roses" - the single name was coined true, it is consonant with our sense of justice to by U.S. troops for women who broadcast over re-examine whether injustice was done. Ac- the station. knowledging error is a mark of maturity, in na- After the war, Iva Toguri (who married a Por- tions as in individuals. THE WALL STREET JOURNAL, MONDAY, FEBRUARY 23, 1976 Letters to the Editor of the Journal More on Tokyo Rose Editor, The Wall Street Journal: + Edwin Mo GERALD R. FORD GEORGE S. GUYSI Oklahoma City, Okla. TOKYO ROSE MATERIALS GERALD R. FORD LIBRARY United States Department of Justice Office of the Pardon Attorney Mashington, D.C. 20530 August 11, 1976 Mr. Joe Rose Director Public Affairs KGU-NBC Hawaii, TV #2 & TV #13 605 Kapiolani Boulevard Honolulu, Hawaii 96813 Dear Mr. Rose: The White House has forwarded your communica- tion concerning Iva Toguri D'Aquino to this Department for consideration. Iva Toguri "Aquino filed a petition for pardon after completion of sentence in November 1968. The petition was denied in October 1969. Like any other person who has been convicted of a Federal felony, has served the sentence and been a law- abiding member of the community for several years subsequent to the completion of the sentence, she is eligible to reapply for a pardon if she chooses. However, she has not done SO. If she should reapply, her petition would receive the same consideration accorded to other eligible petitioners and the Attorney General would advise the President whether in his opinion the petition should be granted or denied. A Presidential pardon, incidentally, is a sign of forgive- ness but does not constitute a finding of innocence. Sincerely, Lawrence M. Traylor Pardon Attorney bcc: Kenneth A. Lazarus Associate Counsel to the President FORD & LIBRARY GERALD THE WHITE HOUSE WASHINGTON July 9, 1976 Dear Congressman Pritchard: I have been asked to reply to your letter of June 23 to the President recommending that the case of Iva Toguri D'Aquino be reviewed because of allegations that her conviction was based on questionable facts and circumstances. Iva Toguri D'Aquino filed a petition for pardon after completion of sentence in November 1968. The petition was denied in October 1969. Like any other person who has been convicted of a Federal felany, has served the sentence and been a law-abiding member of the community several years subsequent to the completion of the sentence, she is eligible to reapply for a pardon if she chooses. However, she has not done so. If she should reapply, her petition would receive the same consideration accorded to other eligible petitioners and the Attorney General would advise the President whether in his opinion the petition should be granted or denied. A Presidential pardon, incidentally, is a sign of forgiveness but does not constitute a finding of innocence. Your interest in Mrs. D'Aquino is appreciated. Sincerely, Kenneth A. Lazarus Associate Counsel to the President The Honorable Jost Pritchard House of Representatives FORD : EIBRARY GERALD Washington, D. C. 20515 bcc: Larry Traylor Central Files THE WHITE HOUSE WASHINGTON July 2, 1976 MEMORANDUM FOR Lawrence M. Traylor The Pardon Attorney Department of Justice The attached correspondence is referred to your office for direct response. It has not been acknowledged by this office. We would appreciate receiving a copy of your response. Thank you. Kenneth Daun Marcones A. Lazarus for Associate Counsel to the President Attachments FORD LIBRARY i GERALD MARINE CORPS LEASUE Department of Massachusetts MARINE CORPS LEAGUE * * ROOM 549-2 - STATE HOUSE FIDELS BOSTON, MASS. 02133 727 - 3691 INCORPORATED BY ACT OF CONGRESS June 16, 1976 HG The President of the United States The White House Washington, D. C. 20500 Dear Mr. President, As State Commandant of the Department of Massachusetts, Marine Corps League, sitting in convention in Hyannis, Massachusetts on the 19th of June, the Delegates and Alternates at this convention have passed unanimously that you, as President, do not give a pardon to Iva Toguri d'Aquino, better known to marines of World War II as Tokyo Rose. Mr. President, as Commander in Chief of the Armed Forces, on Memorial Day each year, you put a wreath on the Unknown Soldier's grave in the National Cemetery, and we are sure, in your heart, as you look at the rows of crosses of all the marines, soldiers and sailors that participated and died in World War II, that you would not consider giving Tokyo Rose a pardon. Mr. President, wishing you the best in all your endeavors and God be with you and your family in these trying days. Respectfully, GERALD R. LIBRARY FORD PC Cardarelli, State Commandant LPC:dmm COMMONWEALTH DF AUG City of Sacramento CALIFORNIA TOUNDED MASAS S June 28, 1976 ROBERT T. MATSUI COUNCILMAN, DISTRICT 8 1329 H STREET SACRAMENTO, CALIFORNIA 95814 (916) 444-2550 HG The Honorable Gerald Ford President of the United States Washington, D.C. Dear President Ford: I like many other Americans have been following the matter of Iva Toguri d'Aquino, who was known during World War II and at her subsequent trial as "Tokyo Rose". As you are undoubtedly aware, during Mrs. d'Aquino's trial, two individuals testified against her and she was subsequently convicted of treason against the United States of America. Recently, the two Government witnesses who testified against her at her trial admitted that they had committed perjury. It is very questionable that Mrs. d'Aquino would have been convicted had those two individuals told the truth. As a member of the Japanese American community in California, I certainly hope that you will consider granting Mrs. d'Aquino a full Presidential pardon for any alleged crime that she had been convicted for. The Attorney General of the State of California, Evelle Younger, has recently stated that he feels that her conviction was unjust and unwarranted. I certainly hope that you, as the moral leader of our Country, will review this matter, and when you do, I am sure that you will come to the same conclusion as our Attorney General. I thank you, and I am Very truly yours, FORD is LIBRARY QERALD PRINT Matsin ROBERT T. MATSUI RTM:jb CHEOF CITY OF MONTEREY PARK CITY OF MONTEREY PARK CALIFORNIA CALIFORNIA June 22, 1976 HG Honorable Gerald Ford, President The White House Washington, D. C. Dear Mr. President: I, too, was one of the young men of Japanese background who served in the United States Army, Pacific Theatre, during the second World War. Now that the negative feelings of that great war have subsided, perhaps we can more objectively judge some of the actions taken by our government right after that war. One of them was the adjudication of one Mrs. d'Aquino, known during World War II as one of the "Tokyo Roses" (there were fourteen). I followed her trial via the newspapers with mixed and troubled feelings --- mixed because it is always difficult to follow and make rational, objective conclusions about any judicial activities reported in newspapers -- and troubled because she was one of "my people. " After these many years, with maturity on my part, and with more information not available previously, I, too, must conclude that an injustice was done to Mrs. d'Aquino. I am sure that if the case is fully investigated by our Justice Department the report will recommend a full Presidential pardon. Therefore, it is my hope that your feeling for equal justice and fairness to all will order a Presidential pardon for Mrs. d' Aquino during our Bicentennial celebration of July 4, 1976. Sincerely yours, George Is GEORGE IGE FORD LIBRARY s GERALD MAYOR PRO TEM GI:ESL 320 WEST NEWMARK AVENUE - MONTEREY PARK, CALIFORNIA 91754 573-1211 283-6445 EUNICE N. SATO COUNCILWOMAN SEVENTH DISTRICT CITY OF LONG BEACH CITY HALL LONG BEACH, CALIFORNIA 90802 June 28, 1976 The Honorable Gerald Ford The White House Washington, D.C. 20500 HG Dear President Ford: I respectfully request you to consider the case of Mrs. Iva Toguri d'Aquino for full presidential pardon. I request this action based on the following reasons: Whereas, it has not been conclusively determined that Iva Toguri actually broadcasted anti-American propaganda; and Whereas, Iva Toguri risked her own safety by clandes- tinely providing American POW's with extra food, clothing, blankets and medicine throughout her employment at Radio Tokyo; and Whereas, Iva Toguri was found to be innocent of seven out of eight charges, her conviction on one count being reached only after legally questionable actions by Judge Roche; and Whereas, Iva Toguri has already served her sentence, paid the monetary fine, and has more than fully repaid her debt to society even though never conclusively proven guilty; Therefore I urge that Iva Toguri d'Aquino be granted a full pardon, including the restoration of her United States citizenship, which I believe will be justified by a re- examination of her case. Sincerely yours, Lunia n.Sato EUNICE N. SATO Councilwoman Seventh District FORD i LIBRARY ENS:me MGMWSHT HSB western union 2-029337E181 06/29/76 Maiigram * UNITI U.S.MAIL ICS IPMRNCZ CSP 7149915626 MGM TDRN ANAHEIM CA 100 06-29 1115A EST HG PRESIDENT GERALD FORD WASHINGTON DC 20500 SIR AS NATIONAL COMMANDER OF AX-POW, INC AND OF THE PACIFIC THEATER WORLD WAR II I STRONGLY URGE IN THE NAME OF EX-POWIS AND OUR ORGANIZATION THAT TOKYO ROSE IS NOT GRANTED PARDON AND/OR ESPECIALLY REINSTATED CITIZENSHIP AS AN AMERICAN CITIZEN SINCERELY JOSEPH R PERRY NATIONAL COMMANDER AX-POW INC 1777 LAUREL PL ANAHEIM CA 92801 11:15 EST MGMCOMP MGM BERALD FORD LIBRARY REPLY BY MAILGRAM SEE REVERSE SIDE FOR TOLL - PREE PHONE NUMBERS United States Department of Justice Office of the Pardon Attorney Washington, D.C. 20530 June 18, 1976 Mr. Kenneth Hahn Supervisor, Second District Board of Supervisors County of Los Angeles Los Angeles, California 90012 Dear Mr. Hahn: I have been asked to reply to your letter of June 10, 1976 to the President recommending a pardon for Iva Toguri d'Aquino and enclosing a pamphlet concerning her case. Iva Toguri D'Aquino filed a petition for pardon after completion of sentence in November 1968. The petition was denied in October 1969. Like any other person who has been convicted of a Federal felony, has served the sentence and been a law- abiding member of the community several years subsequent to the completion of the sentence, she is eligible to reapply for a pardon if she chooses. However, she has not done so. If she should reapply, her petition would receive the same consideration accorded to other eligible petitioners and the Attorney General would advise the President whether in his opinion the petition should be granted or denied. A Presidential pardon, incidentally, is a sign of forgive- ness but does not constitute a finding of innocence. Your interest in Mrs. d'Aquino is appreciated. Sincerely, Lawrence M. Traylor Pardon Attorney FORD i LIBRARY GERALD bcc: Kenneth A. Lazarus Associate Counsel to the President THE WHITE HOUSE WASHINGTON June 8, 1976 MEMO FOR: PHIL BUCHEN FROM: KEN LAZARUS In answer to your recent question re pardon petition for "Tokyo Rose", please note attached. THE WHITE HOUSE WASHINGTON June 3, 1976 MEMORANDUM FOR: KEN LAZARUS FROM: PHIL BUCHEN P. Attached is correspondence dealing with a possible Presidential pardon for Tokyo Rose. Is there a petition pending at the Pardon Attorney's Office? Attachment D for deft hap 3 FORD LIBRARY i GERALD May 27, 1976 Dear Marty: Thank you for your letter of May 21 transmitting a copy of correspondence Senator Hatfield has received regarding a possible Presidential pardon for Iva Toguri. We appreciate your courtesy in passing along this letter. With best wishes, Sincerely, William T. Kendall Deputy Assistant to the President Martin B. Gold, Staff Assistant to The Honorable Mark O. Hatfield United States Senate Washington, D.C. 20510 bee: w/inc to Philip Buchen FYI WTK:ba FORD & LIBRARY GERALD MARK O. HATFIELD OREGON United States Senate WASHINGTON, D.C. Ne.5/25 May 21, 1976 Mr. William Kendall Deputy Assistant to the President The White House Washington, D.C. 20500 Dear Bill: Enclosed is a copy of correspondence Senator Hatfield has received regarding a possible Presidential pardon for Iva Toguri. Senator Hatfield does not know whether such a pardon is being considered, nor does he wish to express a sentiment about it, but he promised his constituents that he would pass their expression on to the White House. That is the purpose of this communication. Sincerely Martin B. Gold Staff Assistant to Senator Mark O. Hatfield MBG:bc Enclosure FORD & LIBRARY GERALD VFW WILLARD ANDERSON POST NO. 2471 The Dalles, Oregon 97058 May 12, 1976 The Honorable Mark 0. Hatfield United States Senate 463 Russell Building Washington, D. C. 20510 Dear Senator Hatfield: We of V. F. W. Post #2471 strongly urge you to urge President Ford to give Iva Toguri (known as Tokyo Rose) a full pardon on July 4, 1976. Wes Posey In Phymate muchie Haffmon June In Untion D. R. Covert 6:7. He In Pay Jack Eypon Works FORD & LIBRARY GERALD he Name Cmith Cram VETERANS OF FOREIGN WARS OF THE UNITED STATES United States Department of Justice Office of the Pardon Attorney Washington, D.C. 20530 May 11, 1976 Honorable Evelle J. Younger Attorney General State of California Department of Justice 800 Tishman Building 3580 Wilshire Boulevard Los Angeles, California 90010 Dear Mr. Attorney General: The President has asked me to reply to your letter of April 23, 1976 recommending that he grant a pardon to Iva Toguri D'Aquino. Iva Toguri D'Aquino filed a petition for pardon after completion of sentence in November 1968. The petition was denied in October 1969. Like any other person who has been convicted of a Federal felony, has served the sentence and been a law- abiding member of the community for several years subsequent to the completion of the sentence, she is eligible to reapply for a pardon if she chooses. However, she has not done SO. If she should reapply, her petition would receive the same consideration accorded to other eligible petitioners. and the Attorney General would advise the President whether in his opinion the petition should be granted or denied. A Presidential pardon, incidentally, is a sign of forgive- ness but does not constitute a finding of innocence. Your interest in this matter is appreciated. Sincerely, i FORD Lawrence M. Traylor Pardon Attorney GERALD LIBRARY By: David C. Stephenson Deputy Pardon Attorney bcc: Kenneth A. Lazarus Associate Counsel to the President THE WHITE HOUSE OFFICE REFERRAL To: Lawrence M. Traylor Date: 4/28/76 Pardon Attorney Department of Justice Washington, D. C. 20534 ACTION REQUESTED Draft reply for: President's signature. Undersigned's signature. NOTE Memorandum for use as enclosure to reply. Prompt action is essential. X Direct reply. If more than 72 hours' delay is encountered, X Furnish information copy. please telephone the undersigned immediately, Code 1450. Suitable acknowledgment or other appropriate handling. Basic correspondence should be returned when Furnish copy of reply, if any. draft reply, memorandum, or comment is re- quested. For your information. For comment. REMARKS: Description: x Letter: Telegram: Other: To: President Ford From: Evelle Younger, California N Date: 4/23/76 FORD & LIBRARY 03RALD Subject: "Tokyo Rose" (Iva Toguri D'Aquino) APR 29 DERECEIVED 9/37/AM/76 PARDON ATTORNEY By Kennet Kenneth direction A. of the Lazarus President: Serfere Associate Counsel to the President (Copy to remain with correspondence) EVELLE J. YOUNGER STATE OF CALIFORNIA ATTORNEY GENERAL CALIFORNIA OFFICE OF THE ATTORNEY GENERAL Department of Justice 3580 WILSHIRE BLVD. LOS ANGELES, CALIFORNIA 90010 (213) 620-2600 AG April 23, 1976 The Honorable Gerald R. Ford President of the United States The White House 1600 Pennsylvania Avenue Washington, D. C. Re: Pardon for Iva Toguri Dear President Ford: In recent months, there has been renewed interest in the case of Iva Toguri (D'Aquino), the woman of Japanese ancestry who was convicted shortly after World War II of treason as being the supposed "Tokyo Rose. = Although she has long since served her sentence and paid her fine, the treason conviction prevents her from regaining her American citizenship. Iva Toguri has steadfastly maintained her innocence and many people today believe that her conviction was more a product of wartime hysteria than a trial on the merits. Of course, this dispute cannot be definitively resolved some thirty years later. However, in light of the substantial doubt which now exists over the fairness of the original conviction, and Ms. Toguri's excellent conduct since such time, I believe it would now be appropriate for you to restore her American citizenship by granting her a Presidential pardon. I urge you to do so. Sincerely, FORD : LIBRARY GERALD Evelle Younger Attorney General lr 1 May 12, 1976 Dear Congressman Fraser: The President has asked me to reply to your letter of April 23, 1976, recommending that he grant a pardon to Iva Toguri D'Aquino. Iva Toguri D'Aquino filed a petition for pardon after completion of sentence in November 1968. The petition was denied in October 1969. Like any other person who has been convicted of a Federal felony, has served the sentence and been a law-abiding member of the community for several years subsequent to the completion of the sentence, she is eligible to reapply for a pardon if she chooses. However, she has not done so. If she should reapply, her petition would receive the same consideration accorded to other eligible petitioners. Your interest in this matter is appreciated. Sincerely, /s/ Kenneth A. Lazarus Associate Counsel to the President The Honorable Donald M. Fraser House of Representatives Washington, D. C. 20515 FORD i LIBRARY GERALD bcc: Phil Buchen May 5, 1976 Dear Doa: Thank you for your April 30 letter to the President indicating your support for approval of the petition of pardon of Mrs. Iva Toguri d'Aquino. Please be assured I shall call your letter to the President's attention at the earliest opportunity. With kind regards, Sincerely, Charles Leppert, Jr. Deputy Assistant to the President The Honorable Donald M. Fraser House of Representatives Washington, D.C. 20515 bee: w/incoming to Philip Bucen for further handling Buchen CL:JEB:VO:rg FORD LIBRARY is GERALD 5-3 DONALD M. FRASER INTERNATIONAL RELATIONS 5TH DISTRICT, MINNESOTA COMMITTEE SUBCOMMITTEES: 1111 HOUSE OFFICE BUILDING CHAIRMAN, INTERNATIONAL ORGANIZATIONS 202-225-4755 Congress of the United States INTERNATIONAL TRADE AND COMMERCE DISTRICT OFFICE 180 FEDERAL COURTS BUILDING house of Representatives DISTRICT OF COLUMBIA COMMITTEE MINNEAPOLIS, MN 55401 612-725-2081 Washington, D.C. 20515 April 30, 1976 President Gerald Ford White House Washington, D.C. 20500 me Dear Mr. President: It is my understanding that the Japanese American Citizens League will soon ask you to support a pardon for Iva Toguri d'Aquino. Mrs. d'Aquino now lives in Chicago. She served six years of a ten-year sentence after having been convicted of trying to undermine American morale during wartime. Her case has come to be known as the Tokyo Rose case. Based upon my knowledge of her case, it seems clear to me that we indicted, prosecuted, convicted, sentenced and punished a legend rather than an individual U.S. citizen. Mrs. d'Aquino is a victim of the events and circumstances that led to and surrounded our war with Japan. I know that two earlier petitions for clemency have been denied. Pardoning Iva Toguri d'Aquino at this time, during our Bicentennial--Mrs. d'Aquino was born on July 4--seems to me to be the right thing to do at the right time. I hope you will seriously consider and favorably act upon her petition when it is received. Sincerely, Donald M. Fraser FORD & LIBRARY QERALD Congress of the United States SHINGTON AL WAYS house of Representatives WAS PM - APR30 USE ZIP Washington, D.C. 20515 1976 CODE 200 M.C. OFFICIAL BUSINESS President Gerald Ford White House Washington, D.C. 20500 Pardon THE STATE OF MICHIGAN ND WILLIAM G. MILLIKEN, Governor po DEPARTMENT OF COMMERCE LAW BUILDING, LANSING, MICHIGAN 48913 RICHARD K. HELMBRECHT, Director March 12, 1976 Mr. Philip Buchen Counsel to the President The White House Washington, D. C. 20500 Dear Mr. Buchen: In catching up on some back Wall Street Journals I noticed the enclosed article. If the article is fifty percent accurate I would strongly recommend for your consideration a recommendation for a Presidential pardon. Sincerely, Richard K. Helmbrecht Director FORD & LIBRARY GERALD MICHIGAIN TME GREAT LAKE STATE THE WALL STREET JOURNAL, FRIDAY, FEB. 6, 1976 The Case of 'Tokyo Rose By EDWIN MCDOWELL Trapped in a country whose language acts of treason, opened in July 1949, lasted she hereby 004040 ----- ---- been relocated to a detention camp in Art- are multed by a feuel cas grand zona (where her mother died soon after- jury. Mr. McDowell is a member of the Jour- wards). The trial, charging her with eight overt nal's editorial page staff COMMITTEE FOR IVA TOGURI OF THE JAPANESE AMERICAN CITIZENS LEAGUE JACL Headquarters Bldg. 1765 Sutter Street San Francisco, California 94115 Attorney Wayne M. Collins, Consultant GERALD LIBRARY Clifford I. Uyeda, M.D. Chairman Partial Listing - November 17, 1976 Individual Endorsements: Gov. George A. Ariyoshi, Hawaii Mayor Tom Bradley, Los Angeles Rep. Yvonne B. Burke, California OFFICIAL PETITION FOR PRESIDENTIAL PARDON FILED Lt Gov. Melvyn Dymally, California Secretary of State March Fong Eu, Calif. Rep. Donald M. Fraser, Minnesota Prof. S.I. Hayakawa, S.F. State Univ. All last week during rain and gloomy weather forecasts Rep. Spark M. Matsunaga, Hawaii Rep. Abner J. Mikva, Illinois we worried about today since we were unable to obtain Assemblyman S. Floyd Mori, California permission to hold our press conference inside the Mayor George R. Moscone, San Francisco Rep. B.F. Sisk, California building at 7th and Mission St. (San Francisco), the Atty Gen. Evelle J. Younger, California former Federal District Court which is now being used Organizational Endorsements: as a Post Office. It was here, 27 years ago, that American Civil Liberties Union, Iva Toguri was convicted of treason as a mythical "Tokyo No. Calif. Chapter Rose. " Americans for Democratic Action, No. Calif. Chapter California State Legislature The day dawned with a light fog blanketing the city, a National Council of the Churches of Christ good sign. Eastward, few strips of blue sky were visible. San Francisco Board of Supervisors At the requests of the major national networks a special San Francisco Commission on the Status of Women press conference was held at 9:00 a.m. near Wayne Collins' Willard Anderson Post #2471, office. Iva answered questions for a full half an hour. VFW, Dalles, Oregon Media Editorial Endorsements: By 10:00 a.m. streaks of sunlight were breaking through Dayton Daily News (Ohio) the fog. Committee members were on the scene passing Denver Post Honolulu Advertiser out press releases and talking to the media representatives Los Angeles Times who completely filled the area near the southwest entrance Minneapolis Tribune San Francisco Chronicle to the building. San Francisco Examiner San Francisco KFRC-Radio Seattle Post Intelligencer Iva Toguri and Wayne Collins arrived by cab at precisely Washington Star (D.C.) 10:10 a.m. After a brief introductory remark by the Supporting Articles: chairman, Wayne Collins explained why he was filing the Chicago Daily News petition at this time. Next Iva Toguri answered questions Chicago Tribune Christian Science Monitor put to her by the media. Honolulu Star-Bulletin National Observer Wall Street Journal At the conclusion of the press conference Postmaster Lim P. Washington Post Lee came down the post office stairs to accept the official petition to be mailed to the Pardon Attorney Lawrence M. Traylor in Washington, D.C. The entire event was over in little over half an hour. Among the numerous cameramen was one from Nippon TV, under the direction of producer Toshio Ikematsu who is on his way to New York as a finalist in the Emay Award on foreign documentary to be presented this coming Monday, November 22nd. won first place "Reach for Tomorrow - a 13 yr documentary .2/ about a thalidemide child, from birth to 13 yrs. -2- An interview with Ms. Fuyuko Kamisaka was given to Nippon TV in Japanese, first with Iva Toguri and then with Clifford Uyeda, at the JACL Hqs building just prìor to luncheon. A ten minute segment covering the interviews was sent to Japan via the satellite. While the press conference was still going on, a telegram was received at the JACL National Hqs from the American Veterans Committee (AVC) notifying us that at its National Board Meeting in Washington, D.C. on November 13, 1976 it passed a resolution "requesting the President of the United States to grant a pardon to Iva Toguri so that her American citizenship may be restored." AVC is the first truly integrated Veterans organization. Its members served in four wars: World War I, World War II, Korea and Vietnam. Among AVC honorary members have been: Harry S. Truman, Mrs. Eleanor Roosevelt, Ralph Bunch and Senator Paul Douglas. Guests at the buffet luncheon were mainly those from the Bay area who had helped Iva's campaign through media supports. It was Iva's wish to have this opportunity to personally thank them. It was also the first opportunity for Iva to relax a little after the hectic interviews she had gone through. The interviews made the front page of the San Francisco Examiner and the major networks' evening news the same day. With the exception of CBS (both national and local) and KQED (PSB local), all others still presented the case in its original twisted and false version that Iva Toguri "was the infamous Tokyo Rose of World War II years." There is no doubt that it is the term "pardon" which gives the connotation of admitting guilt. Iva Toguri and Wayne Collins had both explained the reasons for the "pardon" proceeding, but the explanations were omitted from the reports. An appropriate term, and one of the goals of the committee, is to let the American people know that Iva Toguri was "The Woman Who Was Not Tokyo Rose" (the title used by Dr. S. I. Hayakawa in his column of 3/20/76). All JACL chapters have been instructed to release to the White House the petitions they're now holding, and to continue petition gathering and letter writing at this crucial time in the campaign. Respectfully submitted, Clifford I. Uyeda. Clyad angeda LIBRARY GERALD R. FORD IVA TOGURI (d'AQUINO): VICTIM OF A LEGEND Published by The National Committee for Iva Toguri Japanese American Citizens League 1765 Sutter Street San Francisco, California 94115 (415) 921-5225 Second Edition, May 1976 (First Edition, September 1975) No charge for single copy. Charge for additional copies equal to the postage rate. This booklet is published in the public interest and may be reproduced for any non-profit purpose. The National Committee for Iva Toguri would appreciate receiving a copy of any reprint or use of this material. Donations may be made out to the "JACL Iva Toguri Committee" and sent to the above address INTRODUCTION Iva Toguri is a victim of a World War II fantasy - - a powerful and persistent legend that continues to plague her today, some 30 years later. Trapped in Japan as a young American woman during the war years, she survived harassment by the Japanese government only to be consumed by a fictitious image created by American soldiers. She became a casualty of the prejudices, stereotypes, and social mores of that era, and was convicted of treason in 1949. After her release from prison, the United States government continued to persecute her with deportation threats and property confiscation. She firmly proclaims her innocence, and a renewed effort is under way to clear her name and restore her constitutional rights. This booklet will describe (1) how a real person was stranded in Japan, (2) how a legend was created, and finally (3) how the real person became tyrannized by that legend. 1 IVA IKUKO TOGURI Early Years (1916-40) Stranded in Japan (1941) Iva Ikuko Toguri was born on July 4, 1916, in Los Angeles, California, Soon after her college graduation, her family learned her maternal aunt in the first daughter of Jun and Fumi Toguri. Her father was born in Japan but Japan was seriously ill with diabetes and high blood pressure, and possibly on naturalized in Canada, and her mother was a Japanese citizen: United States the verge of death. Because her mother was also bedridden with the same law prohibited persons of Asian ancestry (including citizens of Canada) from ailments, Iva Toguri was selected as the family's representative to go to Japan becoming naturalized, so neither parent had an opportunity to gain American and help care for her aunt. Because the matter was urgent, she had to leave citizenship. (This prohibition was not repealed for Japanese until 1952.) promptly. The only available transportation was by ship, which took about Three other children were born to the Toguris: Fred, June, and Inez. Two two weeks (airline passenger service to Japan was not inaugurated until 1947). A months after her birth, Iva Toguri's father entered her name in the genealogical passport took too long to obtain, so she secured a State Department Certificate registry at the family's ancestral village in Japan. This procedure, customary of Identification and hurriedly sailed for Japan on July 5, 1941, one day after at the time, would have given her citizenship rights in Japan, but her father her 25th birthday. She arrived in Yokohama on July 24 with just enough cancelled the registration in 1932. Her father did not register her with the money to buy a ticket back to the United States and with practically no Canadian government, so she lost any eligibility for citizenship rights in knowledge of the Japanese language or customs. Her uncle, Hajime Hattori, Canada. Thus, by the time she was 16 years of age, Iva Toguri was a citizen met her at the pier and took her to his home. After several weeks of getting only of the United States. acquainted with relatives she had never met before, she applied for an American passport at the United States Consulate in Tokyo in August. She The Toguri family lived in predominantly white neighborhoods in various presented her birth certificate and State Department Certificate of Identification, parts of Southern California: Los Angeles, Calexico, San Diego, and Compton. but any person of Asian ancestry claiming U.S. citizenship faced considerable English was the primary language spoken at home, the family belonged to the difficulties because this was during the period of total prohibition of Asian Methodist Church and Iva Toguri's friends were mostly Caucasian. She immigration under the provisions of the Immigration Act of 1924. attended public schools, music and business schools, Compton Junior College, and the University of California at Los Angeles (UCLA). She became an She had not received her passport by October (she later learned her appli- accomplished pianist, was a skilled typist, and was graduated from UCLA with cation had been ignored), and she became nervous over the increasing war a bachelor's degree in zoology in June 1941. During her childhood and rumors in Japan. She contacted her father to ask if she should return, but her student years, she had very little contact with Japanese culture. She had many father reassured her and told her to stay longer for the sake of her sick aunt. talents, but her very "all-American" upbringing ill-prepared her for the Like most other Americans, her father underestimated the ominous war signs unexpected ordeals ahead. during 1940-41: for example, Japan was already at war in Asia and had signed a military alliance with Germany; the United States froze Japanese assets and imposed a total embargo on exports to Japan; Britain and the Dutch East Indies (Indonesia) joined the embargo and effectively cut off Japan's oil supply; U.S. Secretary of State Cordell Hull refused to negotiate reopening oil supplies until Japan ceased aggression and withdrew troops from China, Indochina, and Manchuria; Japan's Prime Minister Fumimaro Konoye (leader of the moderate faction) was forced to resign and General Hideki Tojo (leader of the pro-war faction) took over as Prime Minister. Her father finally realized the danger and sent an urgent cable on December 1 instructing her to board a ship leaving for the United States the next day. She frantically tried to get aboard, but Japanese authorities refused port clearance because she did not have a passport. It actually made no difference because that Japanese-owned ship was in mid-Pacific when Admiral Chuichi Nagumo's Task Force 2 3 attacked Hawaii, and the ship was ordered to return to Japan. Abandonment and Survival (1942-43) Because of her outspoken support for the United States, inability to speak One day after the outbreak of hostilities, the Japanese Army Thought-Control Japanese well, and frequent visits from the Kempeitai, neighbors taunted her Police (Kempeitai) interrogated Iva Toguri and demanded that she renounce aunt and uncle for harboring an enemy. Life became so intolerable that in her American citizenship and apply for Japanese citizenship - or else life in June 1942 the Hattoris told her to live elsewhere. From that time on, Iva Japan would be "very, very inconvenient." She flatly refused, stating she was Toguri was on her own, and she very quickly used up what little money she raised as an American and could never become a Japanese citizen. Iva Toguri had. Without an income and without a food ration card, she faced the soon learned the meaning of the Kempeitaï's threats: she was classified as an possibility of starvation. She asked Japanese authorities to imprison her with enemy alien, her movements were restricted, she was denied food rations, other American nationals, but was refused. Job hunting was difficult because and she was constantly harassed by the Internal Security Police and Kempeitai. the only marketable skills she possessed were her abilities in the English Ironically, if she had succeeded in returning to the United States, she would language. First, she worked for a pittance (about $5 per month) as a typist have shared the fate of 110,000 other persons of Japanese ancestry (two-thirds and piano teacher at the Matsumiya Language and Culture School. Later in June, of whom were American citizens) living on the West Coast (but not Hawaii) she found a part-time job typing and monitoring English language short- who were classified as the "enemy race," restricted by prohibited zones and wave broadcasts at the Domei News Agency, where she met Felipe J. d'Aquino, a racial curfew, intimidated by the police and federal agents, and eventually a Portuguese citizen of Japanese ancestry. Felipe d'Aquino was working as a imprisoned en masse. Iva Toguri's own family was incarcerated at Gila fellow monitor at Domei, and they became good friends (and were later River, Arizona. (The U.S. government called them "Relocation Centers" married). but the facilities were actually mass detention camps, complete with barbed wire and guard towers.) In September 1942, she received a notice from the Swiss legation announcing a second and final repatriation ship. Since most of the diplomats and other In February 1942, she learned that the neutral Swiss legation representing supposedly important Americans had already left on the first ship, her chances the United States was accepting applications from American citizens who of getting aboard were good if she could raise the necessary $425 passage. wished to repatriate. A Japan-United States agreement allowed repatriation Unfortunately, she had no savings (her $20 per month salary at Domei was through neutral nations. Iva Toguri applied for repatriation, but without a used for bare survival), had been repudiated by her relatives in Japan, and passport she was informed her citizenship must be confirmed by the American had no means for contacting her parents in America. She could not raise the consulate. On April 4, 1942, the American consular staff, themselves awaiting passage money, and she cancelled her application. repatriation, belatedly processed her August 1941 passport application by attaching a notation stating that her U.S. citizenship was "not proved." Again, She was unable to purchase much food on her low wages and by June 1943 the lack of a passport thwarted her attempt to leave. she was suffering from malnutrition and beriberi. Nursed back to health by her friend d'Aquino, she regained enough strength by August to take a second part-time job as a typist in the business office of Radio Tokyo. There she met three prisoners, of war (POWs): Major Charles Cousens, an Australian captured in Singapore; Captain Wallace Ince, an American captured in Corregidor; and Lieutenant Norman Reyes, a Pilipino (spelling preferred by Pilipino Americans) captured in Bataan. The three men had been experienced radio broadcasters prior to their capture, and they had been assigned to work on the English language "Zero Hour" since March of that year. Iva Toguri became friendly with the POW broadcasters. She purchased food, medicine and tobacco, and at considerable risk to herseif; secretly gave the supplies to the POW broadcasters and other prisoners at the Bunka POW camp in Tokyo. 4 5 In November, Japanese authorities decided to add a female voice to the Iva Toguri continued to risk her own safety by clandestinely providing "Zero Hour" program. The POWs persuaded the Japanese to select Iva Toguri. American POWs with extra food, clothing, and blankets, plus scarce vitamins The POWs needed a trustworthy companion because they were covertly and medicine. burlesquing the Japanese program intent. When informed of her new duties, Iva Toguri refused. She was then ordered to broadcast by Japanese authorities On April 19, 1945, she married Felipe d'Aquino and converted to and was reminded she had "no choice" in the matter since she was an enemy Catholicism. She became eligible for Portuguese citizenship under the laws alien without any rights. Refusal in militaristic wartime Japan usually resulted of Portugal, but she chose to retain her American citizenship under the laws in severe punishment, including starvation, beatings, and even execution. of the United States. (The Cable Act, as amended in 1931, extended the right Although she was not explicitly threatened with bodily harm, she was well to retain U.S. citizenship to American women who married non-American aware of what happened to others who had refused and was conscious of men of Asian ancestry.) the non-direct manner in which the Japanese spoke. Moreover, Major Cousens During the war years, Iva Toguri's problems were similar to an estimated took her aside, confided their scheme, and assured her that she would not 10,000 other young Japanese American men and women stranded in Japan. harm and might possibly help the American war effort. Cousens' confidence Some, like her, were in Japan to visit relatives, but most were there to attend won her over, and she read her first POW-written script over the air on Japanese schools or work for Japanese firms. Due to severe employment November 10 or 11, 1943. discrimination in the United States, it was not unusual for parents to ensure In December 1943, she was forced to quit Domei because of constant an alternative means of livelihood for their children by sending them to Japan arguments with other employees over her pro-American statements, and for part of their education. Most Japanese American college graduates found because her friend d'Aquino got into a fistfight defending her position. that the only means of gaining employment commensurate with their education was to work in Japan. (Two such American college graduates working in Japan later became the key witnesses against Iva Toguri.) All of the Japanese "Orphan Ann" (1944-45) Americans were placed under intense pressure to change their citizenship. Young men were drafted into the army, while others were forced to work Initially, she called herself "Ann" (short for announcer) on the air, but for the government or war industries. With only partial education in Japan, later switched to "Orphan Ann" because she identified with the comic strip most Japanese Americans could not compete with the natives for regular character of "Little Orphan Annie." It was a bitter-sweet, self-mocking name for jobs and had to resort to their English language skills as a means of survival. the young woman who felt lonely and forsaken, but who also thought she When the war ended, the U.S. State Department proclaimed that Japanese was resisting the enemy while waiting to be rescued from her predicament. Americans who served in the Japanese Army, worked for the Japanese In January 1944, she went to the Danish legation as a full-time typist, and on government, or voted in a Japanese election had lost their American citizen- most evenings reported to Radio Tokyo to host a program of music, humor, ship in accordance with the Nationality Act of 1940. If this was true, Iva Toguri nostalgia, and news. She read the scripts exactly as written by her POW was no longer a citizen of the United States, and not subject to the charge compatriots, and her program was aired from 6 to 7 p.m. Tokyo time. of treason. (Later, in the 1950s, court decisions restored citizenship to However, the female voice on "Zero Hour" was not always that of Iva Toguri. approximatley 5,000 Japanese Americans affected by this State Department She refused to work on Sundays and American holidays, and took frequent ruling.) sick leaves. During her absences, she was replaced by one of the 13 other English-speaking women announcers employed by Radio Tokyo: six Japanese Americans, one white American, one Japanese Canadian, one Japanese Briton, one Swiss, one Japanese, one with Japanese surname of unknown nationality, and one with European surname of unknown nationality. Radio Tokyo had many other English language programs broadcast at different hours of the day, and each program had its own staff. Throughout her stay at Radio Tokyo 6 7 THE LEGEND OF "TOKYO ROSE" A Soldier's Fantasy Pre-World War II Stereotypes Unknown to Iva Toguri, or anyone else in Japan, American soldiers invented Historic stereotypes about Japanese Americans in general, and Asian women the term "Tokyo Rose" and applied it to any and all female broadcasters specifically, created an atmosphere whereby war-weary soldiers and civilians heard on Japanese radio stations. The term "Tokyo Rose" was used as early could easily transfer their fantasies and hostilities to a real person. Negative as December 1941. Part of the experience of fighting in Asia and the Pacific images of Japanese American originated in the 1890s, when the first sizable Islands consisted of listening to a woman with a seductive voice, who' played number of immigrants from Japan arrived in the United States and became the latest American popular music, announced American troop movements, targets for anti-Asian prejudice previously directed against Chinese pioneers. and read the latest war news. The soldiers knew the programs were supposed The anti-Japanese feelings were fueled by Japan's empire building in Asia to be propaganda, but they felt compelled to tune in anyway and spread (Taiwan in 1895, Sakhalin in 1905, Korea in 1910, Manchuria in 1931), and the word about the broadcasts. Soldiers laughed at the obvious propaganda the newspapers were full of stories implying Japanese Americans were the ploys and enjoyed the recently issued American records, which they could outpost for an ever expanding Japanese empire. The newspapers depicted not hear on American shortwave broadcasts. The legend differs according Japanese Americans as being unassimilable and incapable of loyalty to the to the listener: some said she spoke with a British accent, others attributed United States because somehow their ancestral ties to Japan would pre- a Japanese or Asian accent, while still others insisted she had an American dominate. This theme was later expressed by Lt. General John L. DeWitt, accent and used American slang. The listeners even differed on the languages military chief of the Western Defense Command: "A Jap's a Jap. It makes no used: some said English was the only language used, but others claimed difference whether the Jap is a citizen or not. He's still a Jap and can't Japanese, Chinese, and other Asian languages were intermixed. change." The anti-Japanese elements were very influential and succeeded in passing numerous state and federal laws discriminating against Japanese and The lonely soldiers undoubtedly internalized and romanticized what they Japanese Americans. By 1942, the negative stereotypes were so well implanted actually heard, and there was considerable speculation about her physical in the public's consciousness that there was practically no protest over the appearance. "Tokyo Rose" existed more in the imagination than in fact, and mass incarceration of American citizens based solely on a presumption of the image was a fairly pleasant one. In 1944, the Alaskan Defense Command disloyalty. issued a bulletin instructing officers to urge their men to listen to the "Tokyo Rose" broadcasts because they were free from propaganda and were "the The image of the seductive and sinister Asian woman emerged during the strongest factor for building morale of our troops in the Alaskan Chain." height of anti-Chinese agitations during the 1880s, and became particularly Just before the war ended, Captain T.J. O'Brien, Director of Welfare for the prominent when Japan became a military power in the 1930s. Hollywood United States Navy issued a citation to "Tokyo Rose" for "meritorious service movies and newspaper cartoons confused and combined Chinese and Japanese contributing greatly to the morale of U.S. Armed Forces in the Pacific by images into a general "oriental" stereotype, and Asian women were portrayed persistently entertaining them during those long nights in fox-holes and on as exotic, sexy, and smart, but always determined to corrupt the morality of aboard ship, by bringing them excellent state-side music, laughter and news white American men. about home." The citation was made in jest, but it also reflected the fact that American soldiers enjoyed the broadcasts. Also, a survey conducted by Post World War II Animosities a graduate student at Pennsylvania State University in 1968 found that 93 percent of veterans of the Pacific war thought the "Tokyo Rose" programs Public distrust of Japanese Americans did not subside after the end of the did not have a demoralizing effect, and 84 percent considered the programs war. The well-publicized heroism of the Japanese American soldiers on the to be successful as entertainment. European Front (442nd Regimental Combat Team) helped but did not entirely ameliorate animosity against Japanese Americans. In fact, more violence was committed against Japanese Americans returning to California in 1945-46 8 9 VICTIM OF A LEGEND than during the aftermath of Pearl Harbor in 1941-42. In August 1946, the Detention and Release (1945-46) National Opinion Research Center reported two-thirds of all Americans still believed Japanese Americans had spied for Japan, and only 13 percent believed By the end of the war, the legend of "Tokyo Rose" had become so ex- they had no part in espionage activities for the enemy. Newspapers continued aggerated that "Tokyo Rose" was probably the third most well known Japanese to reinforce distorted images of Asian women through such comic strips as name to Americans (after Emperor Hirohito and Prime Minister Hideki Tojo). "Steve Canyon" and "Terry and the Pirates." American journalists landed in Japan a few days before the formal surrender was signed, and began a frantic and competitive search for the legendary Immigrant Japanese were still prohibited by law from becoming citizens, "Tokyo Rose." Harry Brundidge of Cosmopolitan Magazine and Clark Lee of from owning land, and from engaging in many occupations requiring licenses. International News Service hitched a ride to Tokyo with an advance party New immigration from Japan was banned, and 4,724 persons of Japanese on August 31 and contacted Leslie Nakashima, a Domei News Agency writer ancestry were deported during 1945-46 (1,659 immigrant repatriates, 1,949 whom they knew from before the war. Nakashima told the Americans children accompanying parents, 1,116 renunciant expatriates). The bitterness that there was no person named "Tokyo Rose" and there were five or six and pressures during the mass incarceration coerced 5,766 Japanese women at Radio Tokyo who might fit their description. But the legend could Americans into renouncing their American citizenship, but nearly all filed not be deflated so easily. Undaunted, Brundidge and Lee asked Nakashima lawsuits after the war to regain their birthright. (Court decisions between to locate any "Tokyo Rose," and Nakashima, who had a pre-war obligation 1945 and 1968 restored citizenship to nearly all renunciants, including those to repay, accommodated them by introducing Iva Toguri. who expatriated). American citizens of Japanese ancestry were still prevented Brundidge and Lee, in army uniforms and armed, met Iva Toguri on September from owning homes by restrictive covenants, denied employment in many 1 and offered her $2,000 for an exclusive story to be published in Cosmopolitan. fields, hindered in social mobility by antimiscegenation laws, and even dead That sum was a fortune for anyone who had lived through the war in Japan, soldiers were refused burial in home-town cemeteries. Japanese Americans and she agreed to their interview. However, when Brundidge cabled Cosmo- embarked on a campaign to overcome these injustices, but the struggle was politan editors about his "scoop," the editors rejected his article stating they long and hard. The powerful anti-Japanese elements in California had not would not glorify a traitor and refused to pay the $2,000. In the meanwhile, lost any of their vigor, so every issue created a prolonged court battle, bitter other correspondents were filing stories implicating numerous other women, legislative campaign, or heated public debate. and it soon became obvious that no single individual was "Tokyo Rose." But One of the important postwar issues was the question of statehood for during this hectic and confusing period, Iva Toguri gained the unfortunate Hawaii. The major obstacle hindering statehood was the fact that one-third distinction of receiving the most publicity. She considered herself a heroine of the population of Hawaii was of Japanese ancestry. Mainland Caucasians of sorts, and had no reluctance about granting interviews and signing auto- feared Japanese Americans might control the politics of the Islands, and were graphs, not realizing the consequences would become so serious. unwilling to accept the possibility of a Japanese American being elected to Her triumph was quickly shattered for she alone became the scapegoat. Congress. (The racial prejudices were strong enough to prevent Hawaii state- A few days after the Brundidge-Lee interview she was arrested, but inexplicably hood until 1959.) All of these issues were being contested during the 1945-49 released the next day. The first arrest was probably engineered by Brundidge period; they carried great import for the well-being of every Japanese and Lee to prevent other journalists from interviewing her. She was rearrested American, and in particular for Iva Toguri, who was in Japan and unaware on October 17 and held at a Yokohama prison for one month; then she was of the circumstances closing in around her. transferred to Sugamo Prison in Tokyo, where she remained for another eleven months. (Sugamo was the prison for Japanese leaders accused of war crimes. Prime Minister Tojo and six other high officials were executed there in 1948.) During her 12 months imprisonment, she was never informed of the charges against her, was denied legal counsel, was denied speedy trial, and was prohibited from sending or receiving mail (see Appendix A). She was 10 11 held totally incommunicado for over two months until a Christmas visit from were for removal and exclusion, not prosecution under due process. The her husband was allowed. Thereafter, the only person permitted to visit was protests delayed her return, and in January 1948 her baby died at birth. her husband - for only one twenty-minute session per month. After an exhaustive investigation by the Army and Federal Bureau of Investigation Many newspapers, including the New York Times, published an appeal for any- (FBI), the Justice Department concluded there was insufficient evidence to one able to identify Iva Toguri as "Tokyo Rose" to report to the FBI. Claiming bring charges, and released her on October 25, 1946. During her confinement, to have a "confession," Brundidge dug up Clark Lee's notes from the 1945 government agents lost or destroyed their phonograph records and written interview and delivered them to his friend, FBI Director J. Edgar Hoover. transcripts of the alleged "Tokyo Rose" broadcasts. The case appeared closed Attorney General Tom Clark rejected the notes as improper evidence, but and her life temporarily returned to normal. She settled in Tokyo with her Brundidge was not easily put off. Brundidge demanded and received a husband, and became pregnant in 1947. government-paid trip to Japan to get the notes signed by Iva Toguri. She was summoned by the Occupation Army to a meeting with Brundidge and John Going Home (1947-48) B. Hogan, a Justice Department attorney. She had been reading the American newspapers and was aware of the controversy surrounding her application Iva Toguri learned that her mother died in May, 1942 shortly after to return. She was tired of the uncertainty, wanted desperately to see her incarceration, and that her father, brother, and sisters had moved to family, and had come to the conclusion that if a trial was the only way to Chicago. She wanted her child born in the United States (to guarantee clear herself once and for all, she wanted to get on with it. Without legal her child acquire American citizenship), and she had a great desire to see counsel at this critical moment, she signed the notes presented by Brundidge. her family. She applied once again for that long-elusive passport. She became one of the thousands of Japanese Americans stranded in Japan who sought Presumably on the basis of the signed notes, Iva Toguri was arrested to return home, but faced lengthy investigations concerning their activities. once again on August 26, 1948 in Tokyo and charged with treason. While The American Consular officials told her she was "stateless" due to her the government had earlier denied that she was a citizen, they now used the same birth certificate in her passport application as proof of her citizen- marriage to a Portuguese citizen, but that she could re-establish her American citizenship if her passport application was approved. (Consular officials must ship. According to law, when an alleged treason takes place abroad, the trial have been unaware of the amended Cable Act.) must take place at the first location where the accused is returned to American territory. Attorney General Clark publicly admitted she could not receive a The State Department was caught in a bind: if she was permitted to return, fair trial in California. On the other hand, Hawaii might be too tolerant, so there might be a public uproar; but there was no legal means to prevent her Clark initially announced she would be brought directly to the East Coast. It entry because she was a native-born citizen cleared by the Army and the was a difficult, but not impossible, logistical task; and elaborate plans were FBI. Moreover, the Justice Department was in the embarrassing position of made to transport her by air through Canada or Mexico. For an unexplained having lost or destroyed evidence which originally cleared her. Hence, the reason, Clark changed his mind and ordered her brought to San Francisco - government issued a statement to the press that "Tokyo Rose" had applied a city considered to be a center of anti-Japanese prejudice. The ship carrying to return to the United States. The public outcry was immediate and im- Iva Toguri purposely bypassed Hawaii and docked in San Francisco on passioned. Radio commentaor Walter Winchell vigorously campaigned September 25, 1948. She was escorted off the ship by numerous FBI agents against her return (radio in the 1940s was a powerful medium). The American and brought before Federal Commissioner St. J. Fox, who read a complaint Legion and Native Sons and Daughters of the Golden West, with a long charging her with treasonable activities while in Japan. She was then taken history of anti-Asianism, issued strong protests. The Los Angeles City Council to the old county jail near Chinatown's Portsmouth Square. She was finally passed a resolution opposing her return on the curious basis she might home in America, albeit behind bars, and she saw her family for the first adversely affect "loyal" Japanese Americans. Possibly because many Caucasians time since she left home in 1941. The Toguri family searched for a lawyer to could not envision her as an American citizen, no one particularly demanded defend her, but most attorneys turned down the case because the family her prosecution for treason. The traditional goals of anti-Japanese groups was financially improverished. Eventually, Wayne M. Collins volunteered 12 13 to represent her without fee; he was later joined by Theodore witnesses from Occupied Japan. The judge denied her constitutional Tamba and George Olshausen. (Collins, a strong advocate of civil liberties, right to summon these witnesses in her favor (see Appendix A). Meanwhile, also was a non-paid volunteer attorney for Fred Korematsu's constitutional prosecutors, who were provided with a list of potential defense witnesses, challenge to the wartime incarceration, the renunicants' fight to regain teletyped the names and addresses to the FBI Office in Tokyo. FBI Agent American citizenship, and the Japanese Peruvians' battle to prevent Frederick Tillman, accompanied by armed American soldiers, called on the deportation to Japan. Collins took these controversial cases when the Japanese witnesses and intimidated them (see Appendix D). The judge allowed National American Civil Liberties Union and National Japanese American transportation expenses for one defense lawyer and one translator to travel Citizens League declined to act.) She was, at last, accorded the right to to Japan to obtain written depositions, but most witnesses were too frightened legal counsel. by then to cooperate. The prosecution did not have such handicaps. Prosecutors brought 19 Japanese witnesss from Occupied Japan using government transportation, paid the witnesses $10 per day with government funds, and allowed them to go sightseeing for several weeks in California. Grand Jury (1948) The trial began on July 5, 1949, in the Federal District Court in San Francisco with Judge Roche presiding. Jury selection proceeded with unexpected A Federal Grand Jury was convened in San Francisco in October 1948 to speed and was completed within two hours. Eight non-whites (six Black determine if there was "probable cause" for the treason charges. After Americans, two Asian Americans) were on the first jury list, but prosecutors reviewing the evidence, Grand Jury asked why other American citizens used peremptory challenges to remove all eight. Prosecutors were allowed involved at Radio Tokyo were not similarly charged. Prosecutors claimed 12 more peremptory challenges, but as soon as the panel was all-white, these other Americans involved were outside their jurisdiction, and promised prosecutors announced acceptance. (Special Prosecutor Thomas DeWolfe that they would be charged in due time. Based on this promise, the Grand was an observer at an earlier treason trial for Tomoya Kawakita in Los Jury issued an eight-count indictment against Iva Toguri. (The promise was Angeles. The three jurors who held out longest against conviction were never kept. None other was charged; and Capt. Ince was promoted to major reported to be minority persons: A Black American, a Jewish American, and shortly thereafter.) In historic hindsight, the eight "Overt Acts" charged seem a Japanese American.) The defense also accepted the all-white jury of six vague and inconsequential (See Appendix B). men and six women. Following the indictment, defense lawyers made a motion for bail, but Federal Judge Louis B. Goodman ordered her confined without bail. She was in prison for nearly two years (counting her imprisonment in Japan) before her trial started the next year. All-White Jury (1949) At the arraignment before Federal District Judge Michael J. Roche on January 4, 1949, Iva Toguri pleaded innocent to all counts. (In 1943, Judge Roche denied a Habeas Corpus petition from Mitsuye Endo, an American woman who contended that the government had no authority to hold loyal American citizens in detention camps.) In the preparation of her trial, defense lawyers petitioned the court to subpoena defense 14 15 The Prosecution Attorneys for the prosecution were Frank J. Hennessy, head of the Justice with appealing music. Tsuneishi said he waited for a Japanese battle victory Department's Northern California office; Thomas DeWolfe, who had success- to insert propaganda, but Americans won every battle after "Zero Hour" was fully convicted Robert H. Best and Douglas Chandler in the Radio Berlin inaugurated, and he observed, "Propaganda broadcasts from the losing side treason trial in Boston; John Hogan, who accompanied Brundidge to Japan; were rather ineffectual." He said English-speaking women broadcasters were and James Knapp, a new Justice Department lawyer. The prosecution was used on 13 Japanese-controlled radio stations besides Tokyo: Arai, Bandung, required to prove Iva Toguri committed treason as defined in the Constitution: Bangkok, Hsinking, Korea, Manila, Nanking, Rangoon, Saigon, Shanghai, "Treason against the United States shall consist only in levying war against Singapore, Soerabaja, Taiwan. (The specific locations in Korea and Taiwan them, or adhering to their enemies, giving them aid and comfort. No person were not identified.) shall be convicted of treason unless on the testimony to two witnesses to the same overt act (see Appendix A). The critical witnesses for satisfying the constitutional requirement regarding treason conviction were two "ex-Americans" who claimed they saw Iva Toguri Clark Lee, a well known writer, testified that Iva Toguri admitted engaged in broadcasting as charged. One was George Mitsushio, who was to him she was a broadcaster at Radio Tokyo. However, Lee could only born in San Francisco, attended the University of California at Berkeley and testify as to what she allegedly told him at that single interview, and he had Columbia University, but left for Japan in 1940 and eventually became the no direct knowledge of what went on at Radio Tokyo. Co-accuser Harry civilian chief of the "Zero Hour" program. The other was Kenkichi Oki, who Brundidge was present in San Francisco during the trial, but strangely enough, was born in Sacramento, attended St. Mary's College in Moraga and New York the prosecution did not call Brundidge to the witness stand. The reason University, but left for Japan in 1939 and eventually became the production became obvious when the next prosecution witness was cross-examined. supervisor at Radio Tokyo. Both men claimed they changed nationality by FBI Agent Tillman testified he knew that a key witness before the Grand signing their names in the Japanese family registry. According to the Jus Jury, Hiromu Yagi, was bribed by Brundidge to falsely say he saw and heard Sanguinis laws of Japan, this action made them Japanese citizens; but they Iva Toguri broadcasting anti-American statements (see Appendix C). Brundidge did not legally renounce their American citizenship before the U.S. Consul. was not allowed to testify - apparently because the prosecutors, the de- They were technically citizens of both nations, and therefore were subject fense attorneys, and the judge all agreed that Brundidge was an unreliable to treason charges by the United States. Oki testified he was not appearing witness. voluntarily but had been brought forcibly to San Francisco by order of the Several former soldiers testified they heard "Tokyo Rose" while stationed U.S. Occupation Forces. (As a result of publicity and pressure generated in the Pacific Theater, but they contradicted each other on the broadcaster's during the pardon campaign, the key witnesses admitted in 1976 that they voice, accent, theme song, language, and time of program. The inconsistency were forced to lie by the U.S. government.) Newspaper commentary focused was due to the fact that the soldiers actually heard different women, on on the irony of Iva Toguri being charged with treason because she insisted different programs, at different times, broadcast from different locations. The on retaining her American citizenship, while the key witnesses against her ex-soldiers were actually identifying the legend of "Tokyo Rose", not the person were "turncoasts." on trial. None of the prosecution's American witnesses saw Iva Toguri commit the overt acts charged. Also, the prosecution did not present any recordings linking the defendant with the overt acts charged. Thus, the prosecution's case depended on the testimony of Japanese officials present at Radio tokyo during the war. Shigetsugu Tsuneishi, former Lt. Colonel in the Japanese army and chief of propaganda broadcasting, testified under cross-examination that "Zero Hour" was supposed to eventually contain propaganda, but it never got beyond the point of building listener interest 16 17 The Defense The main defense witnesses were the three former POWs who worked on As the final defense witness, Iva Toguri told her own story to the court. the "Zero Hour" program. Charles Cousens voluntarily came from Australia She emphasized she had no intent to betray the United States and believed to testify. Cousens, who had been previously cleared by Australian courts, she was only entertaining American troops. She said she retained her American testified he recruited Iva Toguri for the job, recalled he talked her into citizenship and loyalty throughout the war years, despite threats and pressuure. broadcasting by assuring her the program was "straight-out entertainment," Iva Toguri was a sympathetic and convincing figure for the courtroom audience. and had said if she would "place herself under my orders, I would see The trial started out in the traditionally anti-Japanese mode: selection of to it that she did nothing harmful." He said only bright, pleasant music was an all-white jury, intentional use of the derogatory term "Jap," and segregation played, and community sing-alongs were used as morale-building devices. of Japanese and Caucasian witnesses into separate waiting rooms. But by the Cousens said he wrote in British idiom, so Iva Toguri could not have spoken time the trial was nearing conclusion, courtroom spectators and newspaper with the alleged American slang. reporters were nearly unanimously sympathetic to the defendant. In a straw Wallace Ince, who had been earlier cleared by the U.S. Army and promoted vote, the press corps was 9 to 1 for acquittal on all counts. This remarkable to major, corroborated Cousens' testimony. Ince was a cautious witness transformation was brought about solely through the persuasiveness of the because of the Grand Jury's demand for his prosecution. Norman Reyes, who defendant's case. In contrast to the present-day trials with racial or political likewise had been cleared by the Philippine government, also confirmed overtones where defense support groups have helped to raise pertinent issues Cousens' testimony and added he was so sure of Iva Toguri's loyalty he for the attorneys, judge, press, spectators (and jury indirectly through attorney's would have trusted her with his life. But prosecutors produced a statement questions and remarks), there were no defense committees for Iva Toguri signed by Reyes in 1948 which was inconsistent with his oral testimony. Reyes in 1949. explained the FBI intimidated and frightened him into signing a fabricated statement during a 20-hour interrogation. But the judge ruled Reyes to be an unreliable witness, and disqualified all of Reyes' testimony. Conviction and Sentence Yoneko Matsunaga, an American student stranded in Japan during the war, testified she was drafted to work as an announcer on the "German Hour," a The trial lasted 56 days and cost the government over $500,000. It was program produced by the German Embassy in Tokyo, and that her broadcasts the longest and most expensive trial on record at the time. The jury began were similar to "Zero Hour." Also, Mark Streeter, an American construction deliberation on Monday, September 26, and in the early ballots they stood worker captured on Wake Island, and John D. Provoo, an American army 10 to 2 for acquittal on all counts. By Tuesday night, after 20 hours of deliber- sergeant captured in Corregidor, stated they were forced to do broadcast ation, the jury came to a 6 to 6 deadlock and informed the judge that they were work at Radio Tokyo like the defendant. None of the other American citizens unable to reach a verdict. Judge Roche called the court into session at 10:15 p.m. who engaged in radio broadcast work for the Japanese was ever charged that night, declined to rule a hung jury, and admonished the jurors until with treason. midnight, reminding them how long and expensive the trial had been for the Three important defense statements were disqualified by Judge Roche. government and appealing to their sense of patriotic duty. The jury deliberated The judge ruled their statements were not related to the case. They were two more days, and announced their verdict on September 29: innocent on Captain Edwin Kalbfleish, Jr., who was starved, beaten, and nearly executed seven counts; guilty on one count. She was convicted for one "Overt Act": for refusing to do radio work for the Japanese; Suisei Matsui, who operated "That on a day during October 1944, the exact date being to the Grand Jurors a Japanese radio station in Java using English-speaking Indonesian women unknown, defendant in the offices of the Broadcasting Corporation of Japan as announcers; Ken Murayama, who wrote scripts for Myrtle Liston to did speak into a microphone concerning the loss of ships" (see Appendix B). broadcast programs similar to "Zero Hour" from a Japanese radio station There was an audible gasp of disbelief from the 100-plus spectators who had in Manila. gathered expecting to celebrate an acquittal. 18 19 Iva Toguri was convicted for allegedly reading over the air, shortly after the Battle of Leyte Gulf, the words: "Orphans of the Pacific. You really are The Continuing Ordeal (1956 - present) orphans now. How will you get home, now that all your ships are sunk?" The Iva Toguri was released from Alderson Federal Reformatory in January 1956, victory for the United States, and it is difficult to imagine how American incongruous historic fact is that the Battle of Leyte Gulf was a resounding after serving six years and two months, with reduced time for good behavior. She was reported to have been a model prisoner. She went to live with her troops could have been demoralized by such words. If anything, it must have sounded like hilarious comedy. family in Chicago. Her return home might seem a final ending to her long struggle, but that was not to be. Promptly upon her release, the Immigration On October 7, 1949, Judge Roche sentenced Iva Toguri to 10 years in prison and Naturalization Service began deportation proceedings, claiming she was and a $10,000 fine. Loss of American citizenship was automatic according to an "undesirable alien" and deportable under provisions of the McCarran- law. Thus, at age 33, she lost the citizenship she so tenaciously preserved Walter Immigration and Naturalization Act of 1952. She had served her and the citizenship which caused her to be convicted of treason. Defense sentence and presumably paid her debt to society, exile was not part of her motions for mistrial, arrest of judgment, clemency, and bail pending appeal sentence, and the 1952 law was ex post facto. Nonetheless, the government were all denied by Judge Roche. Supreme Court Justice William Douglas later gave her 30 days to leave the United States, or be forcibly deported. She granted bail for $50,000 pending appeal, but the money could not be raised. moved back to San Francisco in May 1956 to defend herself in the deportation She said a final good-bye to her husband, who was in San Francisco for her hearings, living with the Collins family. In 1958, the Immigration and Naturali- trial, and was taken to Alderson Federal Reformatory for Women in West zation Service cancelled the deportation order, explaining they had nowhere to Virginia. Felipe d'Aquino was forced to sign a statement that he would never deport her since she held neither Japanese nor Portuguese citizenship. She re- try to enter the United States again, and was taken back to Occupied Japan. turned to Chicago to live with her father and work in the family store. Reunion Appeals based on denial of legal counsel, unlawful detention, denial of speedy with her husband was not possible. The United States refused to grant trial, destruction of evidence, perjured testimony before the Grand Jury, denial d'Aquino an entrance visa; and if she left the country as a stateless person, of defense witnesses, misconduct by prosecutors, prejudicial instructions by she could not expect to return. Despite these barriers, they have not divorced the judge were all denied by the appellate courts. The Supreme Court in deference to their Catholic religion. rejected appeals for review three times in the next three years. In 1968, the Justice Department demanded payment of the $10,000 fine. However, she was without assets and worked only for subsistence in the family store. A Federal District Court in Chicago ordered her to surrender the cash value of two life insurance policies. The Chicago Japanese Civic Association Credit Union granted a loan equal to the cash value of $4,745, and the fine was partially satisfied. In 1971, the Justice Department again summoned her into court to demand payment of the balance of $5,255. Attorney Jiro Yamaguchi represented her in the Chicago proceedings; but Wayne M. Collins remained as associate counsel, and Collins blasted the government for capricious harassment. Collins charged the government must have billions of dollars in fines which they never try to collect. On November 14, 1972, the Seventh United States District Court of Appeals denied her a hearing to show why she could not be made to pay the remaining fine. Attorney Theodore Tamba filed a petition for executive clemency (pardon) with the President of the United States on June 7, 1954 (Dwight Eisenhower was President), but Tamba's petition was not answered. Collins filed a second petition for presidential pardon on November 4, 1968 (Lyndon Johnson was 20 21 EPILOGUE President; Richard Nixon was elected one day later), but Collins' petition was During her trial in 1949, there were no organized groups supporting not answered either. Iva Toguri. While Japanese Americans may have sympathized with her predicament, there was very little they could effectively do to help while their own position in American society was under attack. As their hard struggle Iva Toguri's father recently died, and his will stipulated that the remaining to gain fundamental rights progressed, Japanese Americans warmed up to fine be paid from his estate. The government collected the last bit of the idea of supporting Iva Toguri, but it was an excruciatingly slow evolution. retribution and closed her case. She is now 59 years of age, manages the In 1957, William Hosokawa suggested in the Japanese American Citizens family store for a living, and tries to remain as inconspicuous as possible. League (JACL) newspaper: "Perhaps it is time to acknowledge that she does She is still a stateless person and she dreads publicity because every time indeed exist, and say firmly that we are interested in seeing that she gains articles appear in the newspapers about "Tokyo Rose," she receives threatening justice." In 1969 proposals were initiated within JACL in support of Iva Toguri mail and telephone calls. and also in 1974 a resolution was adopted by the National Council of the Japanese American Citizens League (JACL) committing support for her The Legend of "Tokyo Rose" persists, but most of Iva Toguri's adversaries (see appendix E). Now this largest national human rights organization are now dead: Journalist Clark Lee died in 1953; Prosecutor Thomas DeWolfe representing Americans of Japanese ancestry with 30,000 members through- in 1959; Journalist Harry Brundidge in 1961; Prosecutor Frank Hennessey in out the United States is supporting Iva Toguri. 1968; Prosecutor John Hogan in 1968. Judge Michael Roche died in 1964. Her loyal defenders are also gone: Theodore Tamba died in 1973 and The general public also had difficulty supporting Iva Toguri during her Wayne Collins in 1974. (The third defense counsel, George Olshausen, is trial. A repressive period (later known as the McCarthy era) was dawning in living in Europe.) 1949, and most people withdrew from involvement in controversial cases. Congressional committees started investigating alleged communists in govern- ment and movie industry, loyalty oaths were imposed on college professors and the espionage trial of Judith Coplon and perjury trial of Alger Hiss were in progress (Hiss was recently readmitted to the practice of law). When the severe repression subsided a bit in 1957, a small support committee was formed in San Francisco during Iva Toguri's deportation hearing, but people were still afraid to become involved. Wayne M. Collins, Jr., has lived with the Toguri case since childhood, and when his father died he took over as Iva Toguri's attorney and chief advocate. He is planning to file another petition for executive clemency with the President of the United States. With the support of the American people, Iva Toguri has a good chance to redeem her name and regain her precious American citizenship. Iva Toguri deserves justice. She has suffered enough. 22 23 APPENDIX A APPENDIX B CONSTITUTION INDICTMENT AGAINST OF THE UNITED STATES IVA TOGURI OF AMERICA That said defendant committed each and every one of the overt acts herein described with treasonable intent and for the purpose of, and with the intent Article III, Section 3: Government. in her to adhere to and give aid and comfort to the Imperial Japanese Treason against the United States shall consist only in levying war against them, or adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses Overt Act I: to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason Between March 1, 1944 and May 1, 1944, the exact date being to the Grand shall work corruption of blood, or forfeiture except during the life of the Jurors unknown, defendant in the offices of the Broadcasting Corporation person attainted. of Japan discussed with another person the proposed participation of defendant in the radio broadcasting program. (Definition of Corruption of Blood: The effect of an attainder upon a person (Verdict: INNOCENT) which bars him/her from inheriting, retaining, or transmitting any estate, rank, or title.) Overt Act II: Amendment VI: Between March 1, 1944 and May 1, 1944, the exact date being to the Grand Jurors unknown, defendant in the offices of the Broadcasting Corporation In all criminal prosecutions, the accused shall enjoy the right to a speedy of Japan did discuss with employees of the said corporation the nature and public trial by an impartial jury of the state and district wherein the and quality of a specific proposed radio broadcast. crime shall have been committed, which district shall have been previously (Verdict: INNOCENT) ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of Overt Act III: counsel for his defense. Between March 1, 1944 and May 1, 1944, the exact date being to the Grand Jurors unknown, defendant in the offices of the Broadcasting Corporation of Japan did speak into a microphone regarding the introduction of a program dealing with a motion picture involving war. (Verdict: INNOCENT) 24 25 APPENDIX C Overt Act IV: Excerpts from a Letter to the President of the United States Which Accompanied a Petition for Executive Clemency Between March 1, 1944 and May 1, 1944, the exact date being to the Grand Jurors unknown, defendant in the offices of the Broadcasting Corporation By Theodore Tamba, Attorney at Law, June 7, 1954 of Japan did speak into a microphone referring to enemies of Japan. (Verdict: INNOCENT) The most shocking experience I had was the alleged conduct of a man named Harry Brundidge, a newspaperman (who) accompanied to Japan a man named Hogan, an attorney for the Justice Department Mr. Brundidge Overt Act V: is alleged to have deliberately bribed witnesses by promises of trips to the United States and other gifts. While Brundidge was in Japan with Hogan, he Between March 1, 1944 and May 1, 1944, the exact date being to the Grand made contact with (Hiromu) Yagi who was induced to come to the United Jurors unknown, defendant in the offices of the Broadcasting Corporation States as a witness for the United States Government, and who testified before of Japan did prepare a script for subsequent radio broadcast concerning the the United States Grand Jury loss of ships. (Verdict: INNOCENT) My investigation developed that Yagi was then an employee of the Japanese Travel Bureau and I went to the Japanese Travel Bureau and there met Overt Act VI: Yagi. I then asked (Yagi) what he knew about the case of alleged treason against (Iva Toguri). (Yagi) then gave me a narrative of one of the most That on a day during October 1944, the exact date being to the Grand obviously fictitious stories I have ever heard in my professional career. Jurors unknown, the defendant in the offices of the Broadcasting Corporation Finally, under questioning by me, Yagi stated that this was a story he and of Japan did speak into a microphone concerning the loss of ships. (Verdict: Brundidge had concocted GUILTY) I had the occasion (to meet a man named Toshikatsu Kodaira, a Japanese newspaperman working for the United Press in Tokyo). Mr. Kodaira then Overt Act VII: proceeded to narrate the events truthfully and his statements are supported by his deposition on file in the United States District Court in Northern That on or about May 23, 1945, the defendant in the offices of the Broad- California, much of which was not allowed in evidence. (Kodaira stated casting Corporation of Japan did prepare a radio script for subsequent he accompanied Yagi to a meeting with Brundidge, and that Brundidge broadcast. (Verdict: INNOCENT) attempted to bribe both of them with whiskey, clothing, and a trip to the United States.) Kodaira was summoned by the (United States) Occupation to the Office of Occupation Intelligence Service and there he confronted Yagi, who admitted that the testimony he (Yagi) gave before the United States Overt Act VIII: Grand Jury was pure fiction. Kodaira produced the suit of clothes given him by Brundidge. The trousers and coat bore the name of Harry Brundidge. That on a day between May 1, 1945 and July 31, 1945, the exact date being to the Grand Jurors unknown, defendant in the offices of the Broad- casting Corporation of Japan did engage in an entertainment dialogue with an employee of the Broadcasting Corporation of Japan for radio broad- cast purposes. (Verdict: INNOCENT) 26 27 APPENDIX D APPENDIX E Excerpts from a Letter to the President of the United States NATIONAL JAPANESE AMERICAN Which Accompanied a Petition for Executive Clemency CITIZENS LEAGUE RESOLUTION By Wayne M. Collins, Attorney at Law, November 4, 1968 Adopted by the National Council on July 27, 1974 There was no trick or device to which the government's agents would not or did not resort in seeking an undeserved conviction They seized two at the 23rd Biennial National Japanese American of the Australian witnesses (Maj. Charles Cousens and Sgt. Kenneth Parkyns) Citizens League Convention in Portland, Oregon. who had notified the Attorney General that Iva (Toguri) was guiltless of any act against the interests of the United States and that they offered to testify on her behalf. Both were former prisoners of war held by the Japanese WHEREAS, Iva Toguri was the victim of wartime hysteria and became a at the Bunka Prisoner of War Camp in Tokyo. Two F.B.I. agents seized them scapegoat for her alleged role as "Tokyo Rose" for those forces which sought on their arrival from Australia and secreted them in a locked room at the to foster vengeance and national retribution; and Pan American Airway Terminal at the San Francisco Airport and subjected them to interrogation and attempted to browbeat them into refusing to testify for the defendant. They held those Australian ex-soldiers incommunicado WHEREAS, Iva Toguri suffered imprisonment, embarrassment, and physical until counsel for the defendant was informed by a Customs officer that the and mental anguish for alleged acts of treason; and agents had taken the two Australian passengers to that room. Thereupon, counsel for the defendant broke through the locked door, irrupted into the WHEREAS, it is now apparent that much of the evidence and the conduct room and brought the tete-a-tete to an abrupt climax and halt. of her trial were highly questionable and prejudicial and that in view of the motivations and climate of public hysteria at the time of the trial the verdict On March 1. 1949, the defendant filed a notice of motion for an order of is a blot on the integrity of American jurisprudence; court of the issuance of subpoenas to be served on 43 witnesses for the defendant in Japan for the taking of their depositions. To obtain such an order NOW, THEREFORE, BE IT RESOLVED that the Japanese American Citizens on behalf of the improverished defendant at government expense, the defen- League, meeting at its 23rd Biennial National Convention in Portland, Oregon, dant was required by court rule to file an affidavit specifying therein the name July 23 to 27, 1974, recognize that Iva Toguri was unjustly tried and convicted and address of such witnesses and a statement of the testimony expected in the aftermath of World War II; to be elicited from them. Immediately following the service of such a notice and affidavit on counsel for the prosecution, the names and addresses BE IT FURTHER RESOLVED that the JACL offer to Iva Toguri and her family and contents of the affidavit revealing the testimony expected to be elicited its belated apology for long silence and inaction; from each of the 43 witnesses was teletyped to the Justice Department and relayed to F.B.I. agents in Tokyo. Thereupon, F.B.I. agent Fred Tillman BE IT FURTHER RESOLVED that the JACL use its leadership, manpower, and accompanied by one or two M.P.'s called upon a majority of the witnesses and coerced them to sign statements containing a multitude of falsities. resources to correct the miscarriage of justice in Iva Toguri's case by seeking all executive or other remedies available under the law; BE IT FURTHER RESOLVED that the JACL personally contact Iva Toguri to apprise her of the action of the National Council, and to ask whether she desires, consents to, or accepts any help from the National organization. 28 29 APPENDIX F SUPPORTERS OF 12. Congressman Donald M. Fraser, Minnesota (5/12/76) PRESIDENTIAL PARDON 13. County Supervisor Kenneth Hahn, Los Angeles. FOR IVA TOGURI 14. City and County Supervisor Quenton L. Kopp, San Francisco (6/1/76) Media (Editorials) 15. Congressman John Krebs, California (2/24/76) 16. State Senator Milton Marks, California (6/2/76) 1. Denver Post (January 8, 1976) 17. Congressman Spark M. Matsunaga, Hawaii (3/22/76) 2. Honolulu Advertiser (February 6, 1976) 18. Congressman Abner J. Mikva, Illinois (5/4/76) 3. Los Angeles Time (March 7, 1976; April 22, 1976) 19. Assemblyman S. Floyd Mori, California & 57 co-sponsors of the Calif. 4. San Francisco Chronicle (February 9, 1976) State Legislators (5/20/76) 5. San Francisco Examiner (March 4, 1976; June 3, 1976) 20. Congressman B.F. Sisk, California (4/8/76) 6. San Francisco KFRC-Radio (March 29, 1976) 21. Attorney General Evelle J. Younger, California (5/23/76) 7. Seattle Post Intelligencer (March 2, 1976) 8. Washington Star (February 15, 1976) Organizations (Petitions and Resolutions) 22. American Civil Liberties Union, Norther California Chapter (3/11/76) Elected Officials (Statements) 23. Americans for Democratic Action (ADA), Northern Calif. Chapter (4/22/76) 24. National Council of the Churches of Christ (5/5/76) 9. Governor George A. Ariyoshi, Hawaii (2/18/76) 25. San Francisco Commission on the Status of Women (3/9/76) 10. Assemblyman Paul T. Bannai, California (3/25/76) 26. Willard Anderson Post #2471, Veterans of Foreign Wars of the U.S., 11. Secretary of State March Fong Eu, California (4/9/76) Dalles, Oregon (5/12/76) 30 31 BIBLIOGRAPHY Primary Sources 9. Gunn, Rex B.; "Dear Enemy: The Story of 'Tokyo Rose,' " unpublished manuscript, Hoover Institiution on War, Revolution, and Peace Archives, Stanford University, Stanford, California. 1. United States of America, Plaintiffs, vs. Iva Ikuko Toguri d'Aquino, Defendant; District Court of the United States for the Northern District of California, 10. Hada, John; "The Indictment and Trial of Iva Ikuko Toguri d'Aquino - Southern Division; Case No. 31.712-R, Transcript of the Trial, Federal Archives 'Tokyo Rose,' Masters Thesis, University of San Francisco, History and Records Center, San Bruno, California. Department, 1973. 2. Iva Ikuko Toguri d'Aquino, Appellant, VS. United States of America, Appellee; United States Court of Appeals for the Ninth Circuit; Case No. 12,383; 11. Hanson, Henry; 'Tokyo Rose' Still Has Fans," New York Post, November Briefs Regarding Appeal of Conviction; Law Library, City Hall, San Francisco, 18, 1972. California. 12. Holmstrom David; "They Called Her 'Tokyo Rose,' " California Living, 3. United States of America, Plaintiffs, vs. Iva Ikuko Toguri d'Aquino, Defendant; September 15, 1974, page 16. District Court of the United States for the Northern District of Illinois, Eastern Division; Case No. 66-C-1136, Proceedings Regarding Payment of 13. Holmstrom, David; "Was Tokyo Rose' Really a Traitor?" Christian Science Fine; Federal Archives and Records Center, Chicago, Illinois. Monitor, August 18, 1973, page 7. 4. Delaplane, Stanton; "Coverage of the Trial," San Francisco Chronicle, July 5 14. Jordan, Phil; "Interest in Case Looms as Matter of Justice," Pacific Citizen, through October 7, 1949. December 21-28, 1973, page 1. 5. O'Gara, Francis; "Coverage of the Trial," San Francisco Examiner, July 5 15. Knickerbocker, Paine; " 'Tokyo Rose: The Prevalence of a Legend," through October 7, 1949. Nichi Bei Times, December 6-11, 1973. 6. Tajiri, Marion; "Coverage of the Trial," Pacific Citizen, July 9 through October 15, 1949. Reprinted on December 21-28, 1973. 16. Lipton, Dean; "Did We Convict the Wrong Tokyo Rose?" Nexus, Volume 1, Number 5, page 51, Spring 1964. 17. Olshausen, George; 'Tokyo Rose' - Folklore and Justice," City Lights, Secondary Sources page 19, July 1952. 18. Reuben, William; "The Strange Case of 'Tokyo Rose,' Frontier, Volume 8, 7. Duus, Masayo Umezawa; Taiheiyo No Koji: Densetsu "Tokyo Rose" page 10, February 1957. Monogatari (Orphan of the Pacific: The Legend of "Tokyo Rose"), book manuscript submitted for publication in Japan. 19. Tamba, Theodore; "Memoirs: More Light on a Tragic Wartime Case," Hokubei Mainichi, May 1, May 14, June 18, 1973. 8. Fazio, Rose Maria; "The Effects of the Broadcasts of 'Tokyo Rose' During 20. Ward, David; "The Unending War of Iva Ikuko Toguri d'Aquino," Amerasia World War II," Masters Thesis, Pennsylvania State University, Speech Journal, Volume 2, Number 2, page 26, July 1971. Department, 1968. 32 33 21. Waugh, Isami; "The Trial of 'Tokyo Rose,' Bridge, Volume 3, Number 1, 31. Paik, Irvin; "That Oriental Feeling: A Look at the Caricatures of the Asians page 5, February 1974. as Sketched by American Movies," Roots: An Asian American Reader, University of California, Los Angeles, 1971, page 30. Background Sources 32. TenBroek, Jacobus, et. al.; Prejudice, War, and the Constitution, Part I, "The Anti-Japanese Heritage and Activation of the Stereotype," University 22. Congressional Record; Volume 102, Part 2, page 1683, January 31, 1956. of California, Berkeley, 1954, 1968. Explanation of the government's position on the deportation proceedings against Iva Toguri. Read into the record by Senator Harley Kilgore, Chairman 33. Yoshimura, Evelyn; "G.l.'s and Asian Women," Roots: An Asian American of the Committee on the Judiciary and Subcommittee on Immigration Reader, University of California, Los Angeles, 1971, page 27. and Naturalization. Recent Sources 34. Carroll, Jerry; Power, Keith; " 'Tokyo Rose' Juror Urges a Pardon," San 23. Congressional Record; Volume 102, Part 3, page 2851, February 20, 1956. Francisco Chronicle, February 16, 1976. Comments on the loyalty of Japanese Americans when Iva Toguri was released from Alderson Federal Reformatory. Read into the record by 35. Carroll, Jerry; Power, Keith; "Was 'Tokyo Rose' Really a Patriot?," San Senator Thomas Kuchel of California. Francisco Chronicle, February 4-6, 1976. 24. Daniels, Roger; The Politics of Prejudice: The Anti-Japanese Movement 36. Funabiki, Jon; "Fair Play for Two: Japanese Americans Open Drive," San in California and Struggle for Japanese Exclusion, Atheneum, New York, 1967. Diego Union, March 12, 1976. 25. Fairbank, John, et. al.; East Asia: The Modern Transformation, Chapter 7, 37. Harper, Chris; "Pardon for 'Tokyo Rose?," Newsweek, March 3, 1976. "Imperial Japan," Houghton Mifflin, Boston, 1965. 38. Hayakawa, S.I.; "The Woman Who Was Not 'Tokyo Rose,' " Register 26. The Grizzly Bear; Official Publication of the Native Sons and Daughters of and Tribune Syndicate, published in Hokubei Mainichi, March 20, 27, the Golden West, published monthly; 1945 through 1949. Indicates role April 3, 1976 of organization in opposing Japanese Americans and Iva Toguri. 39. Koon, Bruce; " 'Tokyo Rose' Three Decades Later," National Observer, 27. Heizer, Robert, et. al.; The Other Californians, Chapter 8, "Words and Acts April 3, 1976. Against the Japanese," University of California, Berkeley, 1971. 40. Lipton, Dean; "The Press and Tokyo Rose,' Bay Guardian, March 5, 1976. 28. Kaku, Michio; "Media: Racism in the Comics," Bridge, Volume 3, Number 1, page 25, February 1974. 41. Martin, James; "The Framing of 'Tokyo Rose,' Reason, Volume 7, Number 10, Page 6, February 1976. 29. Ogawa, Dennis; From Japs to Japanese: The Evolution of Japanese American Stereotypes, McCutchan, Berkeley, 1971. 42. McDowell, Edwin; "The Case of 'Tokyo Rose,' Wall Street Journal, February 6, 1976. 30. Pacific Citizen, Official Publication of the Japanese American Citizens League, published weekly; January 1946 through December 1950. Discusses 43. Miner, Michael; "Japanese Americans Take Up Fight to Clear 'Tokyo issues pertinent to Japanese Americans in the post World War II period. Rose,' Chicago Sun-Times, February 26, 1976. 34 35 44. Nakashima, Leslie; 'Tokyo Rose' Said War Fantsy Victim," United Press International, published in The Columbian, March 26, 1976. 45. Press, Robert; Tokyo Rose' Coviction Brought Under Scrutiny," Christian Science Monitor, March 26, 1976. 46. Rosegg, Peter; ' 'Tokyo Rose' Case: Ariyoshi Calls for Pardon," Honolulu Advertiser, March 9, 1976. 47. Segal, Betty; "Justice for Japanese?: 'Tokyo Rose' Racism," Berkelely Barb, January 9-15, 1976. 48. Stevenson, Jack; "Iva d'Aquino: Was She a Traitor or Scapegoat?," Nevada State Journal, April 4, 1976. 49. Stix, Harriet; 'Tokyo Rose: Propagandist or Pawn?," Los Angeles Times, February 24, 1976. 50. Von Hoffman, Nicholas; "Trial With Error?: Sleep Tight 'Tokyo Rose,' Washington Post, March 10, 1976. 51. Waugh, Dexter; "Clemency At Last for Tokyo Rose?: Young Collins Will Try," San Francisco Examiner, February 23, 1976. 52. Weisman, Joel; "Voice From Out of the Past," Washington Post, March 28, 1976. 53. Wille, Lois; "The Saga of 'Tokyo Rose," Chicago Daily News, February 23, 1976. 54. Witt, Linda; " 'Tokyo Rose' Decides to Talk," Chicago Tribune, April 1, 1976. 55. Witt, Linda; "Was 'Tokyo Rose' Ally or Enemy?," Chicago Tribune, February 23-25, 1976. 56. Yates, Ronald; 'Tokyo Rose' Accusers Claim U.S. Forced Them to Lie," Chicago Tribune, March 22-23, 1976. 36 FORD LIBRARY GERALD R. COMMITTEE FOR IVA TOGURI OF THE JAPANESE AMERICAN CITIZENS LEAGUE JACL Headquarters Bldg. 1765 Sutter Street San Francisco, California 94115 Attorney Wayne M. Collins, Clifford I. Uyeda, M.D. Consultant Chairman Partial Listing - Individual Endorsements: Gov. George A. Ariyoshi, Hawaii Mayor Tom Bradley, Los Angeles Rep. Yvonne B. Burke, California FOR IMMEDIATE RELEASE. For further information, contact: Lt Gov. Melvyn Dymally, California Secretary of State March Fong Eu, Calif. November 17, 1976. Don Hayashi (415) 921-5225 Rep. Donald M. Fraser, Minnesota Prof. S.I. Hayakawa, S.F. State Univ. Rep. Spark M. Matsunaga, Hawaii 10:00 A.M. Rep. Abner J. Mikva, Illinois Assemblyman S. Floyd Mori, California Mayor George R. Moscone, San Francisco Rep. B.F. Sisk, California Atty Gen. Evelle J. Younger, California Twenty-seven years ago in the Federal District Organizational Endorsements: American Civil Liberties Union, Court in San Francisco, Iva Toguri d'Aquino was convicted No. Calif. Chapter Americans for Democratic Action, No. Calif. Chapter of treason as the mythical "Tokyo Rose"--a charge she California State Legislature National Council of the Churches of Christ steadfastly denies and proclaims her innocence to this day. San Francisco Board of Supervisors San Francisco Commission on Today, on the steps of the same court house, the Status of Women Willard Anderson Post #2471, VFW, Dalles, Oregon Iva Toguri d'Aquino returned to San Francisco from her home Media Editorial Endorsements: Dayton Daily News (Ohio) in Chicago to file- an official petition for a presidential Denver Post Honolulu Advertiser Los Angeles Times pardon, addressed to President Gerald R. Ford, requesting Minneapolis Tribune San Francisco Chronicle San Francisco Examiner that he exercise his presidential powers to restore her San Francisco KFRC-Radio Seattle Post Intelligencer Washington Star (D.C.) cherished American citizenship, stripped from her by her Supporting Articles: Chicago Daily News conviction in 1949. Chicago Tribune Christian Science Monitor Honolulu Star-Bulletin The case of Iva Toguri d'Aquino has received National Observer Wall Street Journal Washington Post national prominence due to the efforts of her attorney and the organized efforts of the Committee for Iva Toguri of the Japanese American Citizens League. One basis for the pardon petition is the disclosure of evidence recently R. declassified by the government documenting that the GERALD FORD LIBRARY -2- charges and the trial violated her constitutional rights as an American citizen and that the conduct of the judicial process represents a miscarriage of justice. There is evidence that the witnesses perjured testimony at the request of the government; that defense testimony was suppressed; that she was prosecuted as a scape-goat resulting from wartime hysteria and anti- Japanese sentiments. "We hope through the presidential pardon petition to redeem her personal integrity and restore her American citizenship, thus removing any question of disloyalty or the stigma of treason," stated the committee's chairperson, Dr. Clifford I. Uyeda. Wayne Collins, a San Francisco attorney who has actively repre- sented Mrs. d'Aquino, is continuing the legal avenues of redress which was initiated over a quarter of a century ago by his father, the late Wayne M. Collins who was her chief counsel during the 1949 trial. Collins expressed his confidence that justice will be done by the granting of presidential pardon, -thus clearing the name and reputation of Iva Toguri d'Aquino. "She has shown extraordinary courage in a long struggle. She is a true patriot who served her country admirably only to be abandoned by it in her time of greatest need. For the sake of history and for the integrity of our judicial system, it is imperative that this gross miscarriage of justice be corrected by President Ford's immediate action," Collins concluded. Iva Toguri d'Aquino is now 60, a resident of Chicago where she conducts a family import-export business. "I'm very grateful to the American people and to the public media for supporting my efforts to regain my American citizenship," said Mrs. d'Aquino. "America is my home, it will always be my home, and I never did anything disloyal toward my country." "30" LIBRARY GERALD R. FORD COMMITTEE FOR IVA TOGURI OF THE JAPANESE AMERICAN CITIZENS LEAGUE JACL Headquarters Bldg. 1765 Sutter Street San Francisco, California 94115 Attorney Wayne M. Collins, Clifford I. Uyeda, M.D. Consultant Chairman Partial Listing - Individual Endorsements: November 26, 1976 Gov. George A. Ariyoshi, Hawaii Mayor Tom Bradley, Los Angeles Rep. Yvonne B. Burke, California Lt Gov. Melvyn Dymally, California Secretary of State March Fong Eu, Calif. Rep. Donald M. Fraser, Minnesota Prof. S.I. Hayakawa, S.F. State Univ. Mr. Robert T. Hartmann Rep. Spark M. Matsunaga, Hawaii Rep. Abner J. Mikva, Illinois Counsellor to the President Assemblyman S. Floyd Mori, California The White House Mayor George R. Moscone, San Francisco Rep. B.F. Sisk, California 1600 Pennsylvania Ave., N.W. Atty Gen. Evelle J. Younger, California Washington, D.C. 20500 Organizational Endorsements: American Civil Liberties Union, Dear Mr. Hartmann: No. Calif. Chapter Americans for Democratic Action, No. Calif. Chapter Enclosed are three editorials that California State Legislature were brought to my attention, all dated National Council of the Churches of Christ November 22nd. San Francisco Board of Supervisors San Francisco Commission on I was informed that the New York the Status of Women Willard Anderson Post #2471, Times, December 5th, will feature the VFW, Dalles, Oregon case in its magazine section. It is Media Editorial Endorsements: written by John Leggett (English Dept, Dayton Daily News (Ohio) Univ. of Iowa). Denver Post Honolulu Advertiser Los Angeles Times The Board of Supervisor, County of Minneapolis Tribune San Francisco Chronicle Santa Clara (Calif.) passed a resolution on San Francisco Examiner November 16th supporting a presidential pardon San Francisco KFRC-Radio Seattle Post Intelligencer for Mrs. Iva Toguri d'Aquino. Washington Star (D.C.) Supporting Articles: Sincerely yours, Chicago Daily News Chicago Tribune Christian Science Monitor Honolulu Star-Bulletin National Observer Wall Street Journal Clifford I. Uyeda, M.D. Washington Post LIBRARY GERALD R. FORD 18 THE DENVER POST Mon., Nov. 22, 1976 THE POST'S OPINION Heed Plea of Tokyo Rose THE DENVER POST Founded on October 28, 1895 by F.G. Bonfils and H. H. Tammen Helen G. Bonfils, Officer and Director, 1933-72 "Dedicated in perpetuity to the service of the people, that no good cause shall lack a champion and that evil shall not thrive unopposed" BERALD R ORD LIBRARY DONALD R. SEAWELL, President, Chairman of the Board CHARLES R. BUXTON, Executive Vice President, Editor and Publisher EARL R. MOORE, Secretary-Treasurer WILLIAM HORNBY. Vice President, ROBERT H. SHANAHAN, Vice President, Executive Editor General Manager A-10 The Honolulu Advertiser Established July 2, 1856 THURSTON TWIGG-SMITH President & Publisher GEORGE CHAPLIN Editor-in-Chief BUCK BUCHWACH Executive Editor JOHN GRIFFIN Editorial Page Editor MIKE MIDDLESWORTH Managing Editor Monday, November 22, 1976 Pardon "Tokyo Rose' FORD & 034830 LIBRARY VIEWPOINTS TRIBUNI EDITORIAL OINTS Pardon Tokyo Rose VIEWPOINTS 22 Mon., Nov. 22, 1976 Oakland Tribune JOSEPH W. KNOWLAND FRANK FINNEY Editor and Publisher GAYLE MONTGOMERY Executive Editor Associate Editor FORD is LIBRARY GERALD The Sunday Advertiser Established July 2. 1856 THURSTON TWIGG-SMITH President & Publisher GEORGE CHAPLIN Editor-in-Chief BUCK BUCHWACH Executive Editor RUW JOHN GRIFFIN Editorial Page Editor MIKE MIDDLESWORTH Managing Editor Honolulu, June 27, 1976 -183 A case for justice 991 15 is 3: LIBRARY GERALD B. 0403