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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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Kenneth A. Lazarus Files (Ford Administration)
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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States of America his copyrights in all of his unpublished writings in National Archives collections.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
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LIBRARY GERALD B. 0403