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JL 1-1: Pardon - Tokyo Rose (Iva Toguri) (3)
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536448530
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JL 1-1: Pardon - Tokyo Rose (Iva Toguri) (3)
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Kenneth A. Lazarus Files (Ford Administration)
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1976-12-31
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1976
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The original documents are located in Box 20, folder "JL 1-1: Pardon - Tokyo Rose (Iva Toguri) (3)" 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. THE WHITE HOUSE WASHINGTON From: Robert T. Hartmann RTA To: Philip Buchen a.m. Date: December 2, 1976 Time: p.m. Per our telephone conversation. Thanks! FORD is LIBRARY GERALD THE WHITE HOUSE WASHINGTON December 2, 1976 Dear Dr. Uyeda: Thank you for sending to me the correspondence and background on the Mrs. Iva Toguri d'Aquino case. I have forwarded the package of material to Mr. Philip Buchen, Counsel to the President, who handles these matters. With kind regards. Sincerely, ROBERT T. HARTMANN Counsellor to the President Dr. Clifford I. Uyeda Chairman Japanese American Citizens League 1765 Sutter Street San Francisco, California 94115 CC: Mr. Wayne Horiuchi FORD is LIBRARY GERALD THE WHITE HOUSE WASHINGTON November 18, 1976 Mr. Hartmann: Wayne Horiuchi of the Japanese American Citizens League called. 223-1240. He would like to have an appointment with you (along with David Ushio, National Director of the organization) the week after Thanksgiving to discuss a Presidential pardon for Tokyo Rose. (see attached correspondence). Gail FORD & LIBRARY GERALD 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 18, 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 Mr. Robert T. Hartmann, Prof. S.I. Hayakawa, S.F. State Univ. Rep. Spark M. Matsunaga, Hawaii Counsellor to the President Rep. Abner J. Mikva, Illinois The White House Assemblyman S. Floyd Mori, California Mayor George R. Moscone, San Francisco 1600 Pennyslvania Ave., N.W. Rep. B.F. Sisk, California Washington, D.C. 20500 Atty Gen. Evelle J. Younger, California Organizational Endorsements: Dear Mr. Hartmann: American Civil Liberties Union, No. Calif. Chapter Americans for Democratic Action, Enclosed please find copy of a letter forwarded No. Calif. Chapter to President Ford. California State Legislature National Council of the Churches of Christ Yesterday, the official petition for presidential San Francisco Board of Supervisors San Francisco Commission on pardon was mailed from the San Francisco post office to the Status of Women the Pardon Attorney, Lawrence M. Traylor, as called for Willard Anderson Post #2471, VFW, Dalles, Oregon in the protocol. Media Editorial Endorsements: Dayton Daily News (Ohio) We would greatly appreciate your assistance in Denver Post bringing this matter up to the President. Honolulu Advertiser Los Angeles Times Minneapolis Tribune Thank you. San Francisco Chronicle San Francisco Examiner San Francisco KFRC-Radio Sincerely yours, Seattle Post Intelligencer Washington Star (D.C.) Supporting Articles: Clifard Ungela Chicago Daily News Chicago Tribune Clifford I. Uyeda, M.D. Christian Science Monitor Chairman. Honolulu Star-Bulletin National Observer Wall Street Journal Washington Post FORD & LIBRARY GERALD 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 November 17, 1976 Partial Listing - Individual Endorsements: Gov. George A. Ariyoshi, Hawaii Mayor Tom Bradley, Los Angeles Rep. Yvonne B. Burke, California Hon. Gerald R. Ford Lt Gov. Melvyn Dymally, California President of the United States Secretary of State March Fong Eu, Calif. Rep. Donald M. Fraser, Minnesota The White House Prof. S.I. Hayakawa, S.F. State Univ. Rep. Spark M. Matsunaga, Hawaii Washington, D.C. 20500 Rep. Abner J. Mikva, Illinois Assemblyman S. Floyd Mori, California Dear Mr. President: Mayor George R. Moscone, San Francisco Rep. B.F. Sisk, California Atty Gen. Evelle J. Younger, California The petition for pardon for Mrs. Iva Toguri d'Aquino Organizational Endorsements: was filed this morning by her attorney, Wayne M. Collins. American Civil Liberties Union, No. Calif. Chapter Americans for Democratic Action, Senator-elect Dr. S. I. Hayakawa had earlier brought No. Calif. Chapter to your office informations pertaining to the case. As California State Legislature National Council of the you know Mrs. d'Aquino was convicted of treason as "Tokyo Churches of Christ Rose" in 1949 following the most incredible chain of San Francisco Board of Supervisors circumstances. San Francisco Commission on the Status of Women Willard Anderson Post #2471, Researchers, including the media, have concluded that VFW, Dalles, Oregon it was the "legend of Tokyo Rose" and not an individual Media Editorial Endorsements: that was convicted. Dayton Daily News (Ohio) Denver Post Honolulu Advertiser Mrs. d'Aquino has served her time and has paid her fine. Los Angeles Times Minneapolis Tribune In spite of over 30 years of suffering, abuse and humiliation, San Francisco Chronicle she has remained steadfastly loyal to the United States. San Francisco Examiner San Francisco KFRC-Radio Seattle Post Intelligencer In this bicentennial year when we are celebrating the Washington Star (D.C.) glories of our nation conceived in justice and fair play for Supporting Articles: all, we urge you to pardon Mrs. d'Aquino with a statement of Chicago Daily News her innocence and restore her cherished American citizenship. Chicago Tribune Christian Science Monitor- Honolulu Star-Bulletin National Observer We witheld the filing of the petition for pardon until Wall Street Journal after election because we did not want you to be confronted Washington Post with the problem during your busy election campaign. Sincerely yours, Clifford Clifed Uyeda, M.D. Unyda FORD & LIBRARY GERALD MRS. IVA TOGURI d'AQUINO "TOKYO ROSE" CONTENT: 1) Cover letter. 2) List of supporters - a) Media editorials. FORD & GERALD LIBRARY b) Individuals. c) Organizations. 3) List of recent (1976) editorials and articles. 4) Copies of articles and editorials: a) Wall Street Journal: - "The Case of 'Tokyo Rose!" - Letter to the editor by former CIC investigating officer. b) Denver Post: "Clemency Due Tokyo Rose Case" c) Honolulu Advertiser: "Case of 'Tokyo Rose'" d) San Francisco Chronicle: - "Afterthought on 'Tokyo Rose'" - "'Tokyo Rose' Juror Urges Pardon" e) Washington Star (D.C.): "'Tokyo Rose,' echo of history" f) San Francisco Examiner: "Strange Case of Tokyo Rose" g) Los Angeles Times: "A War with a Legend" h) Chicago Tribune: "Tokyo Rose Accusers: We were forced to lie" i) Los Angeles Times: "A plea that should be heard" j) Minneapolis Tribune: "'Tokyo Rose' should be pardoned" k) San Francisco Examiner: "Pardon Tokyo Rose" 1) Jungleer (publication of the 41st Infantry Division Association) 5) Copies of letters of endorsements from (chronological order) a) Governor George R. Ariyoshi of Hawaii. b) Dr. E. Rae Hudspeth, former Public Health Service officer at the Federal Reformatory for Women, Alderson, West Virginia, where Mrs. d'Aquino was imprisoned. -2- c) Congressman John Krebs (Fresno, Calif.) d) Congressman B. F. Sisk (Fresno, Calif.) ē) Congressman Spark M. Matsunaga (Senator-elect) (Hawaii) f) Calif. State Assemblyman Paul T. Bannai (Gardena). g) Secretary of State March Fong Eu of Calif. h) National Council of the Church of Christ (N.Y.) i) Congressman Donald M. Fraser (Minnesota). j) Willard Anderson Post No. 2471, VFW, Dalles, Oregon. k) Professor (Senator-elect) Samuel I. Hayakawa (Calif.) 1) Lieut. Governor Melvyn Dymally of Calif. m) San Francisco Board of Supervisor president, Quenton L. Kopp. n) Mayor George R. Moscone of San Francisco. o) Resolution of the City and County of Honelulu. p) Mayor Tom Bradley of Los Angeles. q) Congresswoman Yvonne B. Burke (Inglewood, Calif.) r) VFW Nisei Post 89585, Sacramento, Calif. s) VFW Nisei Memorial Post 1629, Monterey Peninsula, Calif. t) American Veterans Committee. 6) Documents from Justice Department obtained thru Freedom of Information Act. FORD & LIBRARY GERALD -1- SUPPORTERS OF PRESIDENTIAL PARDON FOR IVA TOGURI d'AQUINO. Media (Editorials): : 01/08/76 - Denver Post. 02/06/76 - Honolulu Advertiser. 02/09/76 - San Francisco Chronicle. 02/15/76 - Washington Star (D.C.) 02/19/76 - Valley News (San Fernando, Calif.) 03/02/76 - Seattle Post Intelligencer. 03/04/76 - San Francisco Examiner. 03/07/76 - Los Angeles Times. 03/29/76 - San Francisco KFRC-Radio. 04/22/76 - Los Angeles Times. 06/03/76 - San Francisco Examiner. 06/27/76 - Dayton Daily News (Ohio). Individuals (statements made): 02/18/76 - Governor George R. Ariyoshi, Hawaii. FORD is LIBRARY GERALD 02/24/76 - Congressman John Krebs, California. 03/20/76 - Dr. S. I. Hayakawa. 03/22/76 - Congressman Spark M. Matsunaga, Hawaii. 03/25/76 - Assemblyman Paul T. Bannai, California. 04/08/76 - Congressman B. F. Sisk, California. 04/09/76 - Secretary of State March Fong Eu, California. 05/04/76 - Congressman Abner J. Mikva, Illinois. -2- 05/12/76 - Congressman Donald M. Fraser, Minnesota. 05/20/76 - Assemblyman S. Floyd Mori, California. 05/23/76 - Attorney General Evelle J. Younger, California. 06/01/76 - City and County Supervisor Quenton L. Kopp, San Francisco. 06/ /76 - County Supervisor Kenneth Hahn, Los Angeles. 06/02/76 - State Senator Milton Marks, California. 06/29/76 - Lieut. Governor Melvyn Dymally, California. 07/10/76 - Mayor George Moscone of San Francisco. 08/06/76 - Mayor Tom Bradley of Los Angeles. 08/19/76 - Congresswoman Yvonne B. Burke, California. 10/04/76 - Assemblyman Vic Fazio, California. Organizations: 03/09/76 - San Francisco Commission on the Status of Women. 03/11/76 - American Civil Liberties Union, Northern Calif. Chapter. 04/22/76 - Americans for Democratic Action (ADA), Northern Calif. Chapter. 05/05/76 - National Council of the Churches of Christ. 05/12/76 - Veterans of Foreign Wars of the United States (VFW), Willard Anderson Post #2471, Dalles, Oregon. 06/24/76 - California State Legislature: Assembly 60-0, Senate 22-0. 07/06/76 - San Francisco Board of Supervisors. 07/09/76 - 41st Infantry Division Association. 07/14/76 - Council of the City and County of Honolulu, Hawaii. FORD i LIBRARY GERALD 09/16/76 - Los Angeles City Council. 3/ -3- 09/28/76 - San Jose (Calif.) City Council. 09/28/76 - Human Relations Commission of the County of Santa Clara, Calif. 10/01/76 - VFW Nisei Memorial Post #1629, Monterey Peninsula, Calif. 10/05/76 - VFW Nisei Post #8985, Sacramento, Calif. 11/13/76 - American Veterans Committee. FORD is LIBRARY GERALD CASE OF "TOKYO ROSE" RECENT PRESS NOTES DENVER POST (Robert Pattridge, editorial page editor) 01/08/76 - "Clemency Due in 'Tokyo Rose' Case" "It is time for clemency. It is past time Iva Toguri d'Aquino, victim of a legend, has paid a price deserving of renewed American citizenship." SAN FRANCISCO CHRONICLE (Jerry Carroll & Keith Power) 02/04/76 - "Was 'Tokyo Rose' Really a Patriot?" 02/05/76 - "How the Tokyo Rose Myth was Created" 02/06/76 - "The Trial of 'Tokyo Rose'--A Tragedy of Error?" 02/09/76 - Editorial: "The Afterlight on Tokyo Rose" "In the light of the facts shown in the Chronicle review of this sorry case, President Ford should grant her pardon. She will be 60 years old on the Fourth of July." 02/16/76 - "'Tokyo Rose' Juror Urges a Pardon" FORD & GERALD LIBRARY WALL STREET JOURNAL (Edwin McDowe11) 02/06/76 - "The Case of 'Tokyo Rose¹" "Convicted of treason 20 years ago, she still maintains her innocence. And she's probably right." "...a presidential pardon would be tacit acknowledgement that in singling her out, the government was punishing a legend rather than the human being who stood in the dock of justice." HONOLULU ADVERTISER 02/06/76 - Editorial: "...a valuable service, both real and symbolic, would be done by restoring to Mrs. Iva Toguri d'Aquino her American citizenship." 03/09/76 - "'Tokyo Rose' case. Ariyoshi calls for pardon" (Peter Rosegg) WASHINGTON STAR (D.C.) 02/15/76 - Editorial: "After reading Mr. McDowell's article, we are persuaded that the case of 'Tokyo Rose' does merit official consideration. "It is consonant with our sense of justice to re-examine whether injustice was done. Acknowledging error is a mark of maturity, in nations as in individuals." ...2/ SAN FRANCISCO EXAMINER (Dexter Waugh) 02/23/76 - "Clemency at Last for Tokyo Rose? Young Collins Will Try" 03/04/76 - Editorial: "The Strange Case of Tokyo Rose" " this country should look once more at the strange case of Tokyo Rose. If the facts are what they seem to be, a presidential pardon should be granted And it would be a tacit acknowledgement that the government singled her out and punished a legend, rather than a human being." SEATTLE POST INTELLIGENCER 03/02/76 - Editorial: "The Strange Case of Tokyo Rose" (Identical to the San Francisco Examiner editorial) CHICAGO TRIBUNE (Linda Witt) 02/23/76 - "Was Tokyo Rose ally or enemy?" 02/24/76 - "Was Tokyo Rose mocking the Japanese?" 02/25/76 - "Pardon for Tokyo Rose?" CHICAGO DAILY NEWS (Lois Wille) 02/23/76 - "The saga of Tokyo Rose: Was she really a traitor?" CHICAGO SUN-TIMES (Michael Miner) 02/26/76 - "Japanese Americans take up fìght to clear Tokyo Rose" LOS ANGELES TIMES (Harriet Stix) 02/24/76 - "Tokyo Rose: Propagandist or Pawn?" 03/07/76 - Editorial: "At War With a Legend" "Iva Toguri d'Aquino was convicted of treason under perhaps the most widely misunderstood set of circumstances that ever brought any American into court on that charge." "A presidential pardon would be an act of grace by the government." SAN FRANCISCO BAY GUARDIAN (Dean Lipton) 03/05/76 - "The Press and 'Tokyo Rose' GERALD FORD LIBRARY How a trumped-up journalistic scoop led to three decades of injustice" -3- WASHINGTON POST (Nicholas von Hoffman) 03/10/76 - "Trial with Error? Sleep Tight Tokyo Rose" NEWSWEEK 03/22/76 - "Pardon for Tokyo Rose?" REGISTER AND IBUNE SYNDICATE (S. I. Hayakawa) 03/20/76 "The Woman Who was Not 'Tokyo Rose!" "None of the 27 prisoners of war who broadcast on Radio Tokyo was punished by his government. In fact, Captain LIBRATA GERALD R. FORD Ince had been promoted to Major immediately after his liberation, apparently for doing the same kind of work at Radio Tokyo for which Mrs. d'Aquino was tried for treason." 03/27/76 - "A Pardon for Iva Toguri d'Aquino" "I believe that a pardon is long overdue for Iva Toguri d'Aquino, a loyal American throughout, despite the injustices she has suffered." CHICAGO TRIBUNE (Ronald Yates, Tribune Far East correspondent in Tokyo) 03/22/76 - "Tokyo Rose's accusers claim U.S. forced them to lie" "!We had no choice," said one of the witnesses whose damaging testimony helped send Iva Toguri d'Aquino to prison for six years and two months. "U.S. Occupation Army police came and told me I had no choice but to testify against Iva, or else." "We were told what to say and what not to say two hours every moring for a month before the trial started." "Even though I was a government witness against her, I can say today that Iva Toguri d'Aquino was innocent--she never did anything treasonable." "I've heard Iva is very bitter about our testimony. I understand her bitterness and I feel she has a right to feel that way. I just wish I had the opportunity to talk with Iva and tell her why we had to do it." "We were told that if we didn't cooperate, Uncle Sam might arrange a trial for us too So we cooperated and we did what we were told and now many of us have guilty conscience because of it." 03/23/76 - "Tokyo Rose 'just a scapegoat': husband" -4- UPI, TOKYO (Leslie Nakashima) 03/26/76 - "Tokyo Rose said war fantasy victim" CHICAGO TRIBUNE (Linda Witt) 04/01/76 - "'Tokyo Rose' decides to talk" "After being slapped around for 30 years, what am I suppose to think when they suddenly discover I was innocent after all?" "I didn't abandon this country. Wayne Collins used to say it abandoned me But it's been a lonely and solitary life." LOS ANGELES HEARLD-EXAMINER (AP) 03/07/76 - "The Strange Case of Tokyo Rose" SAN JOSE NEWS 03/05/76 - Duplicate of article from Chicago Sun-Times. CHRISTIAN SCIENCE MONITOR (Robert M. Press) 03/26/76 - "'Tokyo Rose' conviction brought under scrutiny." WASHINGTON POST (Joel D. Weisman) 03/28/76 - "Voice From Out of the Past" "I had faith in the system. And even after what happened to me I believe in this country. If the trial were held again today, I'm sure I would be found innocent." NEVADA STATE JOURNAL (Jack Stevenson) 04/04/76 - "Iva d'Aquino: Wash She a Traitor or Scapegoat?" NATIONAL OBSERVER (Bruce Koon) 04/03/76 - "'Tokyo Rose,' Three Decades Later" FORD i LIBRARY 9ERALD -5- "Perhaps the President will have the courage to review her case and restore her American citizenship. Then we can witness whether there are residual feelings of sick- ness and weariness in this country; or whether there is enough moral resilience to grant a tiny bit of respect for this woman." "I think there's a little magic left in this country. Maybe just enough to bury Tokyo Rose and recognize and honor Iva Toguri d'Aquino." northwest access (Assoc. Students of the University of Washington, Seattle) March/April 1976 - "'Tokyo Rose' - The Estranged American" (Mary Parker) ROCKY MOUNTAIN NEWS (Denver, Colorado) 4/11/76 - "Tokyo Rose: 30 years later, the possibility of a pardon" This Linda Witt's article originally appeared in Chicago Tribune, 4/1/76, under the title: "'Tokyo Rose' decides to talk" LOS ANGELES TIMES (Editorial) 4/22/76 - "A Plea That Should be Heard" "It is evident that Mrs. d'Aquino was convicted unfairly by prejudicial wartime sentiment that still prevailed at the time of her trial. That justice can be alleviated by granting her the pardon she seeks, to restore her citizenship." HONOLULU ADVERTISER 4/23/76 - "Matsunaga says pardon d'Aquino" "On the basis of evidence which has come to light in recent months, her conviction of 1949 of the crime of treason represented a serious miscarriage of justice." "Her years of suffering cannot be obliterated, but that suffering can be partially assuaged by restoring to her that which she has always prized above all else--her U.S. citizenship." FORD j LIBRARY GERALD CINCINNATI ENQUIRER 5/5/76 - Linda Witt and Ronald Yates articles from the Chicago Tribune reprinted. -6- PORTLAND SCRIBE (Oregon) (Sue Sargent) 5/20/76 - "Tokyo Rose: legend/victim" MINNEAPOLIS TRIBUNE (Editorial) 5/25/76 - "'Tokyo Rose' should be pardoned" SAN FRANCISCO EXAMINER (Editorial) 6/3/76 - "Pardon Tokyo Rose" "Of all the petitions for pardons on President Ford's desk, none perhaps is more deserving than that for Iva Toguri d'Aquino "As noted before in this space, she apparently was not a turncoat but a scapegoat, the victim of postwar hysteria. "The Japanese American Citizens League has tried to keep its campaign in behalf of Mrs. d'Aquino out of presidential politics. It would be fitting indeed, though, if Mr. Ford pardoned Mrs. d'Aquino now, restoring her citizenship before her 60th birthday, which falls on July 4." HONOLULU STAR-BULLETIN 6/17/76 - (Hank Sato) "Tokyo Rose called victim of hysteria; Presidential pardon sought this year." 6/18/76 - "California Secretary of State backs d'Aquino pardon" VALLEY NEWS, San Fernando, Calif. (Editorial) 2/29/76 - "Tokyo Rose revew warrented" SAN FRANCISCO EXAMINER (Dexter Waugh) 2/24/76 - "New evidence that Tokyo Rose was framed" (Based on documents obtained from U.S. Justice Dept and FBI files under the Freedom of Information Act.) BERALD FORD LIBRARY HONOLULU ADVERTISER (Peter Rosegg) "Tokyo Rose and me. Norman Reyes' story" 6/27/76 - "FBI coercion at d'Aquino trial? "Jury didn't hear witness' story of Iva d'Aquino. "The story behind Reyes-d'Aquino story." "A case for justice" (Editorial) -7- 6/28/76 - "Trying to outwit radio censors - under the gun in wartime Japan. "d'Aquino trial and the overeager judge." 6/29/76 - "Trapped inside hostile Japan and his duties at Radio Tokyo" DAYTON DAILY NEWS (Ohio) (Editorial) 6/27/76 - "Free Tokyo Rose" SAN JOSE MERCURY (Aramando Acuna) 9/7/76 - "Tokyo Rose: Is 27 Years Enough?" JUNGLEER (publication of the 41st Infantry Drivision Association) July 1976 - "41sters: Tokyo Rose should be pardoned" "If it were in the power of the 41sters, Mrs. d'Aquino-- 'Tokyo Rose' would be pardoned as promptly as Washington's bureaucratic tape would allow. In fact, there isn't a single man in the 41st Infantry Division who thinks she should have been tried and punished in the first place. The case is considered a travesty on justice and a blot on our postwar behavior." "When the question of pardon was brought up at the annual Association meeting in Dearborn (Michigan) a few weeks ago (July 8-9; more than 500 41sters attended), it was unanimously agreed to put the Association on the record as being in favor of an immediate pardon." GERALD FORD & LIBRARY The Case of 'Tokyo Rose' By EDWIN McDowell zona (where her mother died soon after- acts of treason, opened in July 1949, lasted THE WALL STREET JOURNAL, FRIDAY, FEB. 6, 1976 money, and in any case her family had jury. Mr. McDowell is a member of the Jour- been relocated to a detention camp in Ari- The trial, charging her with eight overt nal's aditorial page staff. THE WALL STREET JOURNAL, Monday, Feb. 23, 1976 Letters to the Editor of the Journal More on Tokvo Rose Editor. The Wall Street Journal: Guysi; Intelligence Corps officer in charge of investigations of Mrs. Iva Toguri d'Aquino after the war.' George S. BERALD R FORD LIBRARY GEORGE S. Gryst Oklahoma City, Okla. THE WALL STREET JOURNAL, Monday, Feb. 23, 1976 Letters to the Editor of the Journal More on Tokvo Rose Editor. The Wall Street Journal: BERALD R FORD LIBRARY GEORGE S. GUYST Oklahoma City, Okla. 24 THE DENVER POST Thurs., Jan. 8, 1976 LIBRARY THE DENVER POST FORD i GERALD Clemency Due in 'Tokyo Rose' Case By ROBERT PATTRIDGE "And earthly power doth then show likest guilty on one count. The jury found you guilty of God's, This opinion column is by the editorial page one overt act: "That on a day during October When mercy seasons justice." -WILLIAM editor of The Denver Post. 1944, the exact date being to the Grand Jurors SHAKESPEARE unknow, defendant in the offices of the Broad- casting, Corporation of lenan did sponk into ДЗДИЗА PS. ERE CH Mon., Feb. 9, 1976 San Trancisco Chronicle THE VOICE OF THE WEST Founded 1865 by Charles and M. H. de Young George T. Comeron, Publisher 1925-55 Charles de Young Thieriot Editor and Publisher Gordon Pates Richard Thieriot Managing Editor Associate Editor Templeton Peck Editorial Page Editor Editorials The Afterlight On Tokyo Rose GERALD BRARY San Francisco Chronicle The Largest Daily Circulation in Northern California MONDAY, FEB. 16, 1976 777-1111 'Tokyo Rose' Juror LIBRARY FORD Urges a Pardon is GERALD By Jerry Carroll and Kèith 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-nlatters program on Radio To- officers or men to come to the brought Ivo to trial 1+ was to he LIBRARY FORD i GERALD Page 16 San Francisco Chronicle Monday, February 16, 1976 The Washington Star JOEL ALLERITTON. Publisher JAMES G. BELLOWS. Editor SIDNEY EPSTEIN, Managing Editor EDWIN M. YODER JR., Associate Editor SUNDAY, FEBRUARY 15, 1976 GERAL Form "Tokyo Rose,' echo of history Identical editorial OPINION in Seattle Post Intelli- gencer, 3/2/76. San Francisco Examiner Page 28 * Thursday, Mar. 4, 1976 T) Strange Case of Tokyo Rose LIBERA GERALD FORD OTIS CHANDLER, Publisher Dos Angeles Times ROBERT D. NELSON Executive Vice President and General Manager HARRISON GRAY OTIS, 1882-1917 WILLIAM F. THOMAS HARRY CHANDLER, 1917-1944 Executive Vice President and Editor NORMAN CHANDLER, 1944-1960 CHARLES C. CHASE, Vice President-Production ROBERT L FLANNES, Vice President and Assistant to the Publisher FORD is CERALD LIBRARY ROBERT C. LOBDELL, Vice President and General Counsel VANCE L STICKELL, Vice President-Sales JAMES BASSETT, Associate Editor ANTHONY DAY, Editor of the Editorial Pages ROBERT J. DONOVAN, Associate Editor FRANK P. HAVEN, Managing Editor JEAN SHARLEY TAYLOR, Associate Editor SUNDAY MORNING, MARCH 7, 1976 At War With a Legend 2-PART IX Chicago THE WORLD'S Tribune LIBRARY FORD & GREATEST NEWSPAPER 7StárFinal Monday, March 22, 1976 6 Sections 15° Tokyo Rose accusers: We were forced to lie Page 15 Chicago Tribune, Monday, March 22, 1976 Section 1 15 She was innocent, they say Tokyo Rose's accusers claim R. BERALD FORD U.S. forced them to lie LIBRARY Among the American-born witnesses at Key Japanese witnesses in the Tokyo and agonizing plunge into infamy began. the trial were Kenichi Oki. 63, who was "Iva never made a treasonable broad- Rose trial, interviewed by Tribune production manager of the "Zero Hour," cast in her life," asserted one of her Tokyo Correspondent Ronald Yates, and George Mitsushio, 71, who was pro- former superiors, whose testimony nev- told him they had never talked with gram director for Radio Tokyo's English- ertheless helped nail down the prosecu- the press about their roles in her language broadcasts. They provided tion's case 27 years ago. "She got a raw conviction. This is the first of two some of the most damaging testimony deal-she was railroaded into jail:" stories on Tokyo Rose. against Mrs. d'Aquino. Such statements are 180 degrees away BOTH OKI AND Mitsushio, who were from those made by the same men at By Ronald Yates born in California and who eventually Mrs. d'Aquino's trial, however. Far East correspondent became Japanese citizens, live today in Both Mitsushio and Oki, for example, Tokyo and are successful businessmen. testified not only that they saw Mrs. Chicago Tribune Press Service of the d'Aquino commit overt acts of treason Chicago Tribune, Tuesday, March 23, 1976 for a mammoth country like the United States to crucify a Japanese-American-- all we had to do was look at Iva," he R. continued. "So we 'cooperated' and we did what we were told and now many of us have guilty consciences because of GERALD it." FORD TREATY TERUO OZASA, 54, who worked as A Plea That Should Be Heard -LATIMES 4-22-76 L.A. Times Editorial 4/22/76 LIBRARY GERALD ? FORD Minneapolis Tribune Established 1867 Charles W. Bailey Editor Wallace Allen Managing Editor Leonard Inskip Editorial Editor 6A Tuesday, May 25, 1976 'Tokyo Rose' should be pardoned FORD s GERALD LIBRARY OPINION San Trancisco Examiner Page 28 * Thursday, June 3, 1976 Pardon Tokyo Rose ALD R. FORD = SUPPORT BY THE 41st INFANTRY DIVISION ASSOCIATION The 41st Infantry Division was a National Guard division from the States of Oregon, Washington, Idaho and Montana. It was called to active duty in September 1940. It was the first American division to be sent overseas in World War II. It fought its way up from Australia through numerous Pacific islands to the Philippines. It was one of the first American units sent to Japan for the occupation. The Association has 3,000 active members, and has held annual conventions since 1948. LIBRARY GERALD R. FORD JUNGLEER VOL. XXVII, NO. 2 JULY, 1976 41sters: Tokyo Michigan 41sters score Rose should be pardoned big with '76 reunion unchanged. Noel It. Nobby 0 Brien Cecil Ovenfelt wise you may not get that big post- became the immediate past president. Bozeman, Montana reunion issue. and that would be Continued on back page (See Russo's acceptance speech on page 3.) a great shame. Tokyo Rose pardon Wartime poetry Continued from page one by a 41st man It's hard to believe they would parden HAWAII E new THE EXECUTIVE CHAMBERS HONOLULU GEORGE R. ARIYOSHI GOVERNOR February 18, 1976 R. The President GEEAT FORD The White House Washington, D.C. LIBRARY Dear Mr. President: A. During World War II, as you know, many Japanese-American in our Nation suffered shocking injustices involving seizure of property and virtual incarceration and suffered unwarranted calumny and abuse resulting from official policies. As one with some first hand experience, I believe that every individual was at least in some way affected by wave of hostile racism that swept over the Country. Those dark days are past now and for the most part, they remain only in the memory of us, the older generation, and I suspect that our children regard them as horror stories that could never happen again. Many outstand- ing Americans have expressed the deepest regret that such things could have occurred. The whole nightmarish experience might be pushed permanently into the limbo except for one piece of unfinished business--the case of "Tokyo Rose. " The name evokes memories among all of us who were involved in WW II for it reminds us of a legend that has since proved, like many other legends, almost certainly false in most aspects. We do know that one woman, Iva Toguri d'Aquino, an American citizen, bore the brunt of the emotional hostility that accrued to that legend. Mrs. d'Aquino lost her freedom, her citizenship, and almost any future except basic survival. Now, evidence has been gathered and compiled which seems to cast grave doubt that Mrs. d'Aquino was ever anything but a loyal American citizen and that she was and remains the victim of miscarriage of justice created in part by the after effect of the same wave of hostility and prejudice against Japanese-Americans that I mentioned above. The President Page 2 I do not pretend to have conclusive evidence in this case, but I do believe current representations carry weight enough to merit a thorough investigation by you, Mr. President, with a view toward consideration of a pardon for Mrs. d'Aquino. I ask that you institute such an investigation. If current representa- tions about this case are valid, the cause of American justice may best be served by sympathetic and humane consideration, no matter how tardy. With warm personal regards, I remain, Yours very truly, George R. Ariyoshi LIBRARY GERALD R. OF : STATE HAWAII UN THE SEAL EXECUTIVE CHAMBERS HONOLULU GEORGE R. ARIYOSHI GOVERNOR February 20, 1976 Clifford I. Uyeda, M.D. Chairman, National JACL Iva Toguri Committee National Headquarters 1765 Sutter Street San Francisco, California 94115 Dear Dr. Uyeda: Thank you very much for your letter of January 14, 1976, regarding the case of Iva Toguri d'Aquino. I am in wholehearted agreement that the case of this unfortunate woman should be investigated by the President with a view toward considering a Presidential pardon. Toward that end, I have written President Ford. A copy of my letter is enclosed for your interest. With warm personal regards, I remain, Yours very truly, George R. Ariyoshi Enclosure FORD a OERALD LIBRARY XXXXXXXXXXXXX XXXXXXXXXXXXXXXX XXXXXXX February 20, 1976 Mr. Gerald Ford President of the United States White House Washington, D. C. Dear Mr. President: I am writing in support of the petition to pardon Mrs. Iva Toguri d'Aquino. While in the Public Health Service, I was closely associated with Mrs. d'Aquino at the Federal Reformatory for Women, Alderson, V. Va. I found her faithful, cooperative, and helpful. She seemed, even during her incarceration to be a loyal American. Yours truly, E. Rae Hudspeth, M.D. ERH/cf CCI Mrs. d'Aquino Japanese-American Citizens League R. GERALD FORD LISEARY 17th Discrict, Co. WASHINGTON OFFICE $35 CANHON Mixiss OFFICE BUILDING WASHINGTON DC 20515 (202) 225-334) Congress of the United States DISTRICT OFFICES Room 41:4 FEDERAL BUILDING Douse of Representatibes 1130 0" STREET CALIFORNIA 93721 (209) 487-5487 Mashington, D.C. 20515 210 SOUTH MONEY BOULEVARD Surre P COMMITTEE BUSINESS VISALIA CALIFORNIA 93277 February 24, 1976 (209) 733-5036 ENERGY ENVIRONMENT and NORTH TRAIN STREET GOVERNMENT REMENT AND MANCORD CALIFORNIA 93230 TRACE (209) 582-2896 Mr. Fred Y. Hirasuna P. 0. Box 11801 Fresno, California 93775 Dear Mr. Hirasuna: Thank you for your letter of February 19, 1976, with reference to Mrs. Iva Toguri. I read the excellently written pamphlet which you were kind enough to enclose and wish you every success in your attempts to petition for a presidential pardon. You may rest assured that I shall do whatever I properly can to see that justice is done. Thank you for bringing this matter to my attention, and if I may be of further assistance, please do not hesitate to call on me. Sincerely, John Kaha JOHN KREBS Member of Congress JK:J FORD a. DERALO LIBRARY ANTENNIA THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS WESTEIN UNION Telegram NO. WDS.- CL. OF SVC. PD. OR COLL. CASH NO. CHARGE TO THE ACCOUNT OF THIS MESSAGE WILL BE SENT PRESS OVER NIGHT AS A TELEGRAM UNLESS IT IS DPR NPR TELEGRAM GWAO 84664 OTHERWISE INDICATED. Send the following message, subject to the Telegraph Company's conditions, rules and regulations, which are on file with regulatory authorities. Mr. David E. Ushio National Executive Director Japanese American Citizens League 5415 North Clark Street Chicago, Illinois AS A MEMBER OF CONGRESS, I FULLY SUPPORT THE GROWING NATIONWIDE EFFORT TO SEEK A PRESIDENTIAL PARDON FOR IVA TOGURI d'AQUINO. ON THE BASIS OF EVIDENCE WHICH HAS COME TO LIGHT IN RECENT MONTHS, HER CONVICTION IN 1949 OF THE CRIME OF TREASON REPRESENTED A SERIOUS MISCARRIAGE OF JUSTICE. SINCE HER CONVICTION, HOWEVER, MRS. d'AQUINO HAS NOT ONLY PAID HER FINE AND SERVED A PRISON TERM, BUT SHE HAS LIVED FOR YEARS IN MENTAL ANGUISH WHILE STEADFASTLY MAINTAINING HER INNOCENCE. HER YEARS OF SUFFERING CANNOT BE OBLITERATED, BUT THAT SUFFERING CAN BE PARTIALLY ASSUAGED BY RESTORING TO HER THAT WHICH SHE HAS ALWAYS PRIZED ABOVE ALL ELSE--HER U.S. CITIZENSHIP. IN THIS BICENTENNIAL YEAR OF OUR NATION, THE GRANTING OF A PRESIDENTIAL PARDON AND THE RESTORATION OF U.S. CITIZENSHIP TO MRS. d'AQUINO WOULD DRAMATICALLY SERVE AS A SYMBOLIC ACT ON THE PART OF OUR GOVERNMENT TO DEMONSTRATE THAT OUR SYSTEM'S GREATNESS LIES IN PART IN ITS FLEXIBILITY TO RECTIFY ITS OWN ERRORS. AS A PEOPLE WHO ARE COMMITTED TO SERVING THE ENDS OF JUSTICE, ALL AMERICANS OUGHT TO JOIN IN A CONCERTED EFFORT TO SERVE JUSTICE, ONCE DENIED AND TOO LONG DELAYED IN THE CASE OF IVA TOGURI d'AQUINO. R. GERALD FORD SPARK MATSUNAGA LIBRARY WU 1211 (RI-70) UNITED STATES CONGRESSMAN STATE CAPITOL COMMITTEES: DACRAMENTO, CALIFORNIA 95814 FINANCE. INSURA AND TEL.: (916) 445-0965 COMMERCE DISTRICT OFFICE JUDICIARY 1919 W. REDONDO BEACH BLVD. Assembly REVENUE AND TAXATION SUITE 107 COMMISSION FOR GARDENA. CALIFORNIA 90247 ECONOMIC DEVELOPMENT TEL.: (213) 327-5920 JOINT COMMITTEE ON JOB DEVELOPMENT California Hegislature COMMISSION OF THE CALIFORNIA'S PAUL T. BANNAI ASSEMBLYMAN, FIFTY-THIRD DISTRICT 13 March 25, 1976 Honorable Gerald Ford President, United States of America White House Washington, D.C. My dear Mr. President: I have written you on various matters of concern in the past and appreciate the assistance you have given me. NOW I write to ask that you look into a matter which I believe by your actions could help in righting a wrong committed many years ago. Knowing that you are a fair person, I will give you what I feel are my thoughts relative to a miscarriage of justice in the case of Iva Toguri d'Aquino, who had the misfortune of being one of those identified as "Tokyo Rose". After reading over much of what has been published about her, I feel that Mrs. d'Aquino is entitled to a full pardon and restoration of her rights as a citizen of the United States, which I am sure she cherishes so very much. Having served in the South Pacific during World War II, and having heard "Tokyo Rose", I still can't think of anything in my memory which would have singled out this one person, Mrs. d'Aquino, as someone to be convicted of treason. The only count of which Mrs. d'Aquino was convicted was to undermine American morale during war time, which I do not think was the case. At the very worst, I believe that she has paid any debt to society during all these years that she has maintained that she was not guilty of the things of which she was accused. I am sure that you personally do not have all the time to read of all the details of this case, but I am sure that with your large staff adequately researching this matter, you will find through their indepth study FORD CARSON, HAWTHORNE, GARDENA, LAWNDALE, LENNOX AND PORTIONS OF LOS ANGELES CITY AND COUNTY Honorable Gerald Ford 2 March 25, 1976 President, United States of America of the case, that Mrs. d'Aquino should be given clemency and that : you could right atremendous wrong to this one individual who wants nothing more than to be a United States citizen. In this year of 1976 when we are celebrating our Bicentennial and have reviewed also 200 years of true American justice, I, and many other Americans, believe that your actions of clemency for Mrs. d'Aquino would not only be the just thing to do, but would also restore the faith of many Americans in our great American way of life, liberty and honor. Sincerely, Paner famol PAUL T. BANNAI Assemblyman, 53rd District State of California PTB:aj GERALD FORD B.F. SISK DISTRICT OFFICES BETTY L. CORNELIUS 19th DISTRICT. CALIFORNIA , FIRLD REPRESENTATIVE 157 Room 2001. FEDERAL Suilding COMMITTEE ON RULES CONGRESS OF THE UNITED STATES 1130 o STREET HOUSE OF REPRESENTATIVES FREEND. CALIFORNIA $3721 House OFFICE Business 808-467-8004 WASHINGTON, D.C. 20018 WASHINGTON, D.C. 20515 SHIRLEY G. GIBBON TOMY COSLHO ADMINISTRATIVE ASSISTANT Room 20A. FEDERAL BUILDING April 8, 1976 1128 "1" STREET Mentato. CALIFORNIA 00304 808-627-1914 Mr. Fred Y. Hirasuna Post Office Box 11801 Fresno, California 93775 Dear Fred: Thank you for your note and enclosed copy of a booklet published by the National Committee for Iva Toguri, Japanese American Citizens League. I have read the booklet and certainly feel that the case of Iva Toguri is a most tragic one. I personally believe that she 15 deserving of a full presidential pardon and restoration of her American citizenship, but as you know, Fred, the President and only the President has pardon authority under the Constitution. I understand that the pardon petition has not as yet been presented. presumably to avoid conflict with the forthcoming Presidential election. I have every confidence that at such time as 11 15 presented it will be accorded the most careful and sympathetic consideration by the President. with kind personal regards, Sincerely, Beinie B. F. SISK MEMBER OF CONGRESS a AMERICAN MINDLUTION ) 1778-1873 GERALD R. FORD TRANTY Executive Office (916) 445-6371 Certification (916) 445-1430 GREAT THE STATE Corporation Index (916) 445-2900 Office of the Secretary of State 111 Capitol Mall Corporation Records (916) 445-1768 Election Division (916) 445-0820 OF March Fong Eu Sacramento, California 95814 Legal Division (Corp.) (916) 445-0620 Notary Public Division (916) 445-6507 CALIFORNIA State Archives (916) 445-4293 Uniform Commercial Code (916) 445-8061 April 9, 1976 Clifford I. Uyeda, M.D. Chairman National Iva Toguri Committee Japanese American Citizens League 1765 Sutter Street San Francisco, CA 94115 Dear Dr. Uyeda: Please count me among the supporters of Japanese American Citizens League's efforts in behalf of Iva Toguri d'Aquino. Please also accept my congratulations for a fine job. Sincerely, manh 7mgEn MARCH FONG EU MFE:gsw R. GEART FORD NATIONAL COUNCIL OF THE CHURCHES OF CHRIST IN THE U.S.A. COMMISSION ON JUSTICE, LIBERATION & HUMAN FULFILLMENT 475 Riverside Drive, New York, N.Y. 10027 Room 824 (212) 870-2915 William P. Thompson President Claire Randall General Secretary Jovelino Ramos Asst. Gen. Sec. M. William Howard Chairman May 5, 1976 Mr. Gerald Ford The President of the United States Washington, DC 20001 Dear Mr. President: The Commission on Justice; Liberation and Human Fulfillment of the National Council of Churches has gone on record in support of the campaign of Amnesty for Iva Toquri. Convicted 20 years ago as an accomplice in the "Tokyo Rose" incident, she has always claimed her innocence on the basis of a respectable volume of evidences. In the light of the facts and present historical circumstances, this Commission urges you to use your presidential powers to grant her a pardon and to renew her American citizenship. Sincerely yours, Govil Ramos Jovelino Ramos Executive Director CJLHF /dr GERALD R. FORD THENTY THE WHITE HOUSE WASHINGTON 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, Kenneth A. Lazarus Associate Counsel to the President The Honorable Donald M. Fraser House of Representatives Washington, D. C. 20515 LIBRARY GERALD R. FORD V.F.W. WILLARD ANDERSON POST NO. 2471 The Dalles, Oregon 97058 May 12, 1976 The Honorable Bob Packwood United States Senate 1317 Dirksen Building Washington, D. C. 20510 Dear Senator Packwood: 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. Wis Lay form Pymete nuclice Hiffman feran m Hutaon 9.7.20e in Tepson. In Pay Ryan Wm e Jones Koe Dichimat Ornalle Cram LIBRARY GERALD R. FORD VETERANS OF FOREIGN WARS OF THE UNITED STATES S.I. I.Hayakawa 225 ELDRIDGE AVENUE P.O. Box 100 MILL VALLEY, CALIFORNIA 94941 415. 383:6695 June 28, 1976 The President The White House Washington, D.C. 20500 My Dear Mr. President: As you are no doubt aware, both houses of the California legislature have now asked you to pardon Iva Toguri d'Aquino and to restore her American citizenship. Having been born an American, she neither wants nor is entitled to citizenship in any other country. After examining the history of her trial and reviewing the evidence on which Mrs. d'Aquino was tried and convicted of treason in 1949, the following newspapers have urged a pardon for her: Denver Post, San Francisco Chronicle, Wall Street Journal, Honolulu Advertiser, Washington Star, San Francisco Examiner, Seattle Post-Intelligencer, Los Angeles Times, Chicago Tribune, Chicago Daily News, Wash- ington Post Syndicate (Nicholas von Hoffman), Register and Tribune Syndicate (S. I. Hayakawa). Other publications, including National Observer, Christian Science Monitor, and Newsweek have published stories that seriously question the justice of her conviction. My own columns on the subject are enclosed, as is the summary of the case prepared by the National Committee for Iva Toguri of the Japa- nese-American Citizens League. I am sure that others have recommended that Mrs. d'Aquino's pardon be issued on her 60th birthday, which happens to fall on July 4, 1976. Since the basic rea- son for her conviction was that she fell into jeopardy because she refused to give up her American citizenship and to take refuge in declaring herself a Japanese national, recognition of her stubborn patriotism would be especially appropriate on this day. I hope you agree. You were kind to receive the Republican candidates for the U.S. Senate in your office on the morning of June 16. It is an occasion that I shall always remember with pleasure. Respectfully yours, S. . Hayakawa S. I. Hayakawa SIH/ka Enclosures CC: The Honorable Barry M. Goldwater, Jr. The Honorable Hiram Fong LIBRARY GERALD R. FORD Dr. Clifford Uyeda (916)445-9533 June 29, 1976 The Nonorable Gerald R. Ford The White House Washington, D.C. 20500 Dear President Ford: As Lieutenant Governor of the State of California, I am urging you to speedily grant a full and unconditional presidential pardon to Iva Toguri d'Aquino, alleged "Tokyo Rose" of World War II. There could be no better way and no better time to show this nation's greatness and sense of compassion than to grant such a pardon on the July 4 observance of our 200th birthday. I am convinced that Ms. Toguri's conviction on one count of treason, and her subsequent loss of citizenship, were based on falsified and misconstrued evidence. Not only have the men who provided the most critical testimony at her trial admitted they lied; her actual broadcasts indicate there was no propaganda designed to reduce the morale of American troops in the Pacific. In fact, Iva Toguri, a U.S. citizen by birth, was in Japan to visit a sick aunt when the war broke out, and only took the broadcasting position at the urging of American POWs who convinced her that she would be able to reduce the effect of Japanese propaganda in her new job. If anything, Iva Toguri was an aid to American soldiers. FORD The Honorable Gerald R. Ford June 29, 1976 Page Two I believe that by restoring full citizenship to this native Californian, who was falsely accused, falsely tried, and falsely convicted of a crime she did not commit, we will be correcting a serious miscarriage of justice, a miscarriage of justice that is so unfortunate in this time of national celebration in honor of the 200th anniversary of our Independence. Sincerely, MERVYN M. DYMALLY MMD:cw payable CTTT JUL 12 1976 QUENTIN L. KOPP " CITY HALL THE PRESIDENT San Francisco CA 94102 Board of Supervisors Telephone 558-2338 and 981-0245 July 7, 1976 Mr. David Ushio National Executive Director Japanese American Citizens League 1765. Sutter St. San Francisco, CA 94115 Dear Dave: The Board of Supervisors adopted at yesterday's Board meeting the Resolution urging the President of the United States to pardon Iva Toguri d'Aquino. I have directed the Clerk of the Board to request that the Mayor sign this Resolution at once, so that San Francisco may be the first city in the United States to pass such a Resolution. It was gratifying for me to be a part of the effort to seek a pardon for Mrs. d'Aquino. I sincerely hope that the effort is successful. Sincerely yours, Queston QUENTIN L. KOPP QLK:kb LIBRARY GERALD R. FORD OFFICE OF THE MAYOR SAN FRANCISCO GEORGE R. MOSCONE July 16, 1976 Clifford I. Uyeda, M.D. Chairman, Iva Toguri Committee Japanese American Citizens League 1765 Sutter Street San Francisco, CA 94115 Dear. Dr. Uyeda: Thank you for your letter of July 12 regarding the conviction of Iva Toguri d'Aquino in 1949, and your concern that she be exonerated by way of Presidential pardon. I want you to know that I share your interest in this issue, and for the reason signed into law the resolution to which you refer last Friday, July 10, 1976. I am hopeful that President Ford will see fit to grant a full pardon to Iva Toguri d'Aquino. Thank you again for your letter and expression of concern. Sincerely George R. Moscone Mayor - LIBRARY GERALD R. FORD OFFICE OF THE CITY CLERK ONLY 7611111 AND CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII 96813 / TELEPHONE 523-4291 NAWAII EILEEN K. LOTA. CITY CLERK JOHN M. kamana. JR. DEPUTY CITY CLERK August 2, 1976 The National Committee for Iva Toguri 1765 Sutter Street San Francisco, CA 94115 Enclosed for your information is a Resolution which was adopted by the Council of the City and County of Honolulu. K. Lotan EILEEN K. LOTA City Clerk enclosure Med FORD & GERALD LIBRE RESOLUTION 18, PETITIONING GERALD R. FORD, PRESIDENT OF THE UNITED STATES, TO GRANT A PARDON TO IVA IKUKO TOGURI d'AQUINO. WHEREAS, we, the members of the Council of the City and County of Honolulu, as the elected representatives of a diverse ethnic community, have dedicated ourselves to the democratic principles of liberty, justice and the pursuit of happiness, without regard to race, religion or creed that are the cornerstones of our great American republic; and WHEREAS, this Council believes the denial of justice and freedom for one is the abnegation of these God-given rights for all Americans; and WHEREAS, this Council feels that Iva Ikuko Toguri d'Aquino was a victim of wartime hysteria and post-war hysteria in her conviction, fine and imprisonment on a charge of treason as the mythical "Tokyo Rose," a conviction which since has been found to be undeserving and unjust; and WHEREAS, Iva Ikuko Toguri d'Aquino served six (6) years in prison and continues to suffer immeasurably from humiliation and the loss of her citizenship as the result of her highly questionable and unjust conviction; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that Gerald R. Ford, President of these United States, be, and he is, hereby petitioned to proceed forthwith to grant a pardon to Iva Ikuko Toguri d'Aquino and to bestow all executive and other remedies available under the law as justice demands; and BE IT FINALLY RESOLVED that the Clerk be, and she is, hereby directed to transmit copies of this resolution to The Honorable Gerald R. Ford, President of the United States; The Honorable Edward H. Levi, Attorney General, U. S. Department of Justice; Mr. Lawrence M. Traylor, Esq., Office of the Pardon Attorney, U. S. Department of Justice; Members of the Hawaii Congressional Delegation; and The National Committee for Iva Ikuko Toguri d'Aquino. INTRODUCED BY: Maulyn Bornkout W. Sandy Nofch DATE OF INTRODUCTION: July 14, 1976 Honolulu, Hawaii Torake Gatermeto COUNCILMEN CITY COUNCIL ADOPTED CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII as amended Meeting Held I hereby certify that the foregoing RESOLUTION was adopted'by the COUNCIL of the City and County of Honolulu, by the vote and on JUL 28 1976 Reference: the date indicated on the right margin hereof. AYE NO A/E BORNHORST Report No. IGR CR 1151 ATTEST: CLEMENT E HOLCK KAAPU E KOGA E LOTA CHAIRMAN GEORGE & PRESIDING G. AKAHANE OFFICER LOO Resolution No. MATSUMOTO PACARRO (As Amended) 273 Dated JUL 28 1976 AKAHANE 603 of THE CELL AMERICA Angeles FOUNDED 1781 CITY HALL LOS ANGELES. CALIFORNIA 90012 OFFICE OF THE MAYOR ToM BRADLEY (213) 485-3311 MAYOR August 6, 1976 The Honorable Gerald Ford President of the United States of America The White House 1600 Pennsylvania Avenue Washington, D. C. 20500 Dear Mr. President: I am writing to ask that a full presidential pardon be granted to Iva Toguri d'Aquino, who was convicted of treason in 1949 as the legendary "Tokyo Rose" when public feeling against Japan and the Japanese was running high. As Mayor of Los Angeles, where we have the largest concentra- tion of Japanese Americans on the mainland of America, I have seen them rebound from the injustices of racial bigotry and become some of our outstanding citizens. The passions of war have cooled, and as your invitation to the Emperor and Empress of Japan to visit here last year indicates, much has been forgiven. We have had an opportunity to examine Mrs. d'Aquino's trial dispassionately and see that it was not justice's finest hour. The great irony was that her conviction was possible because she clung tenaciously to her American citizenship, while key witnesses against her in similar circumstances renounced their U. S. citizenship to escape prosecution. Much of the evidence against her was questionable, and U. S. and Allied POW's who wrote her material in the alleged treasonable radio broadcasts were never prosecuted. - over - LIBRARY GERALD R. FORD - 2 - Iva Toguri d'Aquino has served her prison sentence and has paid her fine. She even lost her citizenship which she had refused to give up in the face of harassment by Japanese police when she was stranded in Japan without funds during World War II. Mrs. d'Aquino is a native of Los Angeles and was 60 years old on July 4, 1976. I join the Japanese American Citizens League, with nearly 100 chapters throughout the United States, in urging your compassionate pardon and full restoration of citizenship to a woman who was a victim of her times. A presidential pardon at this time would be "an act of grace", as the Los Angeles Times pointed out in an editorial in March this year. Sincerely, Dom TOM BRADLEY Burdly Mayor TB/gb BERALD R. FORD TRUST YVONNE BRATHWAITE BURKE WASHINGTON OFFICE: 28TH DISTRICT, CALIFORNIA 336 CANNON HOUSE OFFICE BUILDING WASHINGTON, D.C. 20515 COMMITTEE ON APPROPRIATIONS (202) 225-7084 SUSCOMMITTEES: HUD-INDEPENDENT AGENCIES Congress of the United States WENDELL M. HOLLOWAY ADMINISTRATIVE ASSISTANT DEPARTMENTS OF STATE. JUSTICE, COMMERCE, THE JUDICIARY AND house of Representatives DISTRICT OFFICE: RELATED AGENCIES INGLEWOOD CITY HALL 1 MANCHESTER BOULEVARD Chashington, D.C. 20515 INGLEWOOD, CALIFORNIA 90301 (213) 678-5424 MARGUERITE J. ARCHIE August 19, 1976 DISTRICT ADMINISTRATIVE ASSISTANT Mr. Tsuneishi Japanese American Citizens League 125 Weller Street, Room 310 Los Angeles, CA 90012 Dear Mr. Tsuneishi: In response to your letters seeking my support for a Presidential pardon for Ms. Iva Toguri, your organization may use my name as one of your supporters. After reviewing the materials you sent me and the recent remarks in the Congressional Record of my colleague, the Honorable Spark Matsunaga, I recognize the tragedy of discrimination and post-war hysteria which confronted this American citizen. It is based, as always, on igno- rance. Recognizing the delicate political climate at this time, I will be happy to contact the President with my support at whatever appropriate time you advise. Very truly yours, Um Benk YVONNE BRATHWAITE BURKE MEMBER OF CONGRESS YBB: CLF: ba LIBRARY GERALD R. FORD NISEI POST 8985 VETERANS OF FOREIGN WARS OF THE UNITED STATES DEPARTMENT OF CALIFORNIA SACRAMENTO. CALIFORNIA October 5, 1976 Honorable Gerald R. Ford President of the United States of America Capitol Building Washington, D.C. 20013 Dear President Ford: VFW Post 8985, Sacramento, unanimously passed a motion recently to sup- port the movement to obtain a Presidential pardon for Mrs. Iva Toguri d'Aquino who was convicted for treason in 1949. Our investigation dis- closes she was tried under the most adverse conditions and convicted of many acts for which she was not responsible. We now learn that all the chips were stacked against her, even to the extent that witnesses were coerced into giving false testimonies. In spite of all the prejudice and unfair treatment she has received, Mrs. d'Aquino has remained faithful and loyal to the United States of America. And she is trying to live out her life as best as she can. Post 8985 currently has a membership of 275 veterans of foreign wars. And we are united in making this request for the pardon which only you are able to give. We believe that her behavior as an alien living in the enemy's country in time of war did not constitute treason, but her actions clearly show that she did her best to work for her country and people as a loyal American. She should not be held responsible for the actions committed by others whose identities are not known. Please give this matter your earliest attention in order that Mrs. d'Aquino may be exonerated from the crimes and regain her citizenship which is rightfully hers. Very truly yours, Georgen Monta George Morita Commander FORD i GERALD LIBRARY cc Mr. Clifford I. Uyeda Japanese American Citizens League An Association of Men Who Have Fought America's Wars on Land and Sea Japanese American Citizens League MONTEREY PENINSULA CHAPTER P.O. Box 664 MONTEREY, CALIFORNIA 93940 October 9, 1976 Dr. Clifford Uyeda National Headquarters Japanese American Citizens League 1765 Sutter Street San Francisco, California 94115 Dear Dr. Uyeda: On October 1, 1976 at their monthly post meeting, the Nisei Memorial Post 1629 VFW of the Monterey Peninsula did in fact support the JACL effort for a Presidential Pardon on behalf of Iva Toguri D' Aquino. The Post Commander, James Suzuki handed me 2 petition sheets containing a total of 27 names of post members and wives who have gone on record in favor of the pardon for Iva Toguri. When I am so notified that petitions are to be forwarded for submission to the President, I will send Post 1629's along with the rest that we have from our chapter. I hope that this information will be an incentive to the other Nisei VFW posts in California to rally to the cause. Dr. Uyeda, I will keep you informed of our progress on this issue here on the Monterey Peninsula. I am also enclosing herewith a copy of the editorial that ran earlier this year on the Monterey Peninsula. We spoke with the editor and he promised us another updated editorial in the near future. Thank you for the booklets that you sent for our use. Sincerely, Lorefacole Doug Jacobs encl Chapter President LIBRARY GERALD ? FORD MEMBER NORTHERN CALIFORNIA WESTERN NEVADA DISTRICT COUNCIL - NATIONAL COUNCIL western union Telegram SFA111(1028) (2-012252E322) PD 11/17/76 1028 1976 NOV 17 AM 7: 34 ICS IPMMTZZ CSP 3012295671 TDMT BETHESDA MD 212 11-17 1028A EST PMS DON HAYASHI ACTING NATIONAL DIRECTOR, JAPANESE AMERICAN CITIZENS LEAGUE, FONE 9AM PST, 921-5225 AND DLR IMMY AFTER, DLR 1765 POST) ST SUTTER SAN FRANCISCO CA 94115 THE AMERICAN VETERANS COMMITTEE (AVC) WHICH WAS FOUNDED DURING WORLD WAR II BY AMERICAN SERVICEMEN AND SERVICEWOMEN, AT IT'S FALL NATIONAL BOARD MEETING HELD IN WASHINGTON DC ON NOVEMBER 13 1976, 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". THE AMERICAN VETERANS COMMITTEE WHOSE VETERAN-MEMBERS LOCATED ALL SF-1201 (R5-69) OVER THE COUNTRY AND WHO SERVED IN FOUR WARS, WORLD WAR II, WORLD WAR I, KOREA AND VIET-NAM, IS A HIGHLY RESPECTED ESTABLISHED VETERANS ORGANIZATION WITH A UNIQUE MOTTO "CITIZENS FIRST, VETERANS SECOND". THE AVC DEDICATED ITSELF "TO ACHIEVE A MORE DEMOCRATIC AND PROSPEROUS AMERICA AND MORE STABLE WORLD". THE FIRST TRULY INTEGRATED VETERANS ORGANIZATION, AVC, SINCE IT'S FOUNDING HAS BEEN IN THE FOREFRONT IN THE STRUGGLE FOR RACIAL JUSTICE CIVIL RIGHTS AND CIVIL LIBERTIES, EQUAL RIGHTS AND EQUAL OPPORTUNITY FOR ALL AMERICANS. AVC WAS ONE OF THE FOUNDERS OF THE WORLD VETERANS FEDERATION DURING THE EARLY '50'S. THE AVC NATIONAL HEADQUARTERS ARE IN WASHINGTON DC. AMONG AVC HONORARY MEMBERS HAVE BEEN: HARRY S TRUMAN, MRS ELEANOR ROOSEVELT, RALPH BUNCH AND SENATOR PAUL DOUGLAS. SAUL ROSEN, NATIONAL CHAIRMAN, AMERICAN VETERANS COMMITTEE SF-1201 (R5-69) & FORD 1333 CONNECTICUT AVE NORTHWEST WASHINGTON DC 20036 NNNN GERALD LIBRARY CAMOARD FORM NO. Ofice Memorandum UNITED STATES GOVERNMENT The Attorney General DATE: September 24, 1946 ROM : Theron L. Caudle, Assistant Attor TLC:SCE:DTJ OFFICE OF THE 146-28-1941 OBJECT: IVA IKUKO TOGURI, with aliases Tokyo Rose, Orphan Annie, An; SEP Treason 25 1945 AMOUNT This subject mas born Greate California, on July 4, 1916. She went to Japan in the Summer of 1941 for the purpose of caring for an invalid aunt and mas unable to return to the United States prior to the outbreak of the war. In November, 1943 she obtained employment as an announcer on a program known as the Zero Hour over Radio Tokyo. Toguri was taken into custody by our military authori- ties in Jacan and has been identified in newspaper accounts as "Tokyo Rose. it This was the name given by American troops to a woman broadcaster over Radio Tokyo whose program consisted of popular American music, interspersed with news broadcasts, remarks inferring that the soldiers' loved ones at home were unfaithful and amouncements concerning the movements of our land, sea and air forces. These broadcasts were intended, of course, to cause discontent among our soldiers and to convey the impression that the Japanese had advance knowledge of our war strategy. It appears further that no broadcaster over Radio Tokyo was announced as "Tokyo Rose" and that several women announcers of programs of this type were given that name indi Iscrimirately by the American troops. Considerable investigation has been conducted in this case and it appears that the identification of Toguri as "Tokyo Rose" is erroneous, or, at least, that her activity consisted of nothing nore than the announcing of musical selections. She has denied making any other type of broadcasts and radio technicians and fellow broadcasters also stated that this TT2S the extent of her activity, with the exception of two cr three who said that remarks on her broadcasts were anti-United States. They did not reveal in what respect her statements were anti-United States, however, or give any specific remarks or specific or approximate dates that they were made. A few recording cylinders of her broadcasts and a large number of her scripts were located, and they, as well as the transcripts of the only two broadcasts of her program which were monitored by the Federal Communications Commission, do not disclose that shs did anything more than introduce musical records. In addition, it appears that "Tokyo Rose" mas broadcasting to- the date of Toguri's employment. 146-28-1941 It is my opinion that Toguri's activities, particularly JUSTICE in view of the innocuous nature of her broadcasts, are'not 1 1948 sufficient to warrant her prosecution for treason. ThelDrited RECORDS CRIM-INTERNAL SECURITY SEQ States Attorney at Los Angeles concurs in this opinion. I believe that the case should be closed, subject, of course, to being reopened in the event more information is received at a later date, and that the War Department should be advised that we no longer desire her retention in custody. Cowpbell Memorandum UNITED STATES GOVERNMENT 20 : The Attorney General DATE: December 2, 1948 FROM : Alexander M. Campbell, Assistant Attorney General, AMC:WEF:lr Criminal Division SUBJECT: IVA IKUKO TOGURI D'AQUINO 146-28-1941 Treason RECEIVED LED SMB tand 17 1949 I wined dam The Division The witness Yagi whom Harry Brundidge produced as a result of his trip to Japan last spring was, it now appears, confront guilty of perjury in his testimony before the grand jury in the Toguri case. He has finally confessed to a CIC officer in Japan that he falsely stated that another witness, whom he identified as a result of persuasion by Harry Brundidge, was present at the broadcast. with itc Yagi had told Mr. Hogan in Japan that he witnessed one broadcast by the defendant Toguri while in the company of a Japanese friend whose identity he refused to disclose on the ground that the friend would not testify because of fear. Mr. Brundidge assured Mr. Hogan at that time that the unidentified friend was at that moment in Brundidge's room but would not talk. Yagi testified to the same effect before the grand jury but his evasiveness aroused the suspicions of the FBI who questioned him many times in San Francisco. Finally, after consulting with Mr. Brundidge in Monterey, Yagi identified his friend as one Kodaira. The CIC Agent who escorted the Japanese witnesses from and to Tokyo was requested by Messrs. Hogan and DeWolfe to conduct certain investigations in Japan upon his return, including the locating and interrogating of Kodaira. The CIC report which has just been received shows that Kedaira emphatically denies having attended any broadcast at Radio Tokyo with Yagi. Yagi stuck to FORD his original story until confronted with Kodaira's denial, after which he asserted that a friend had told him not to reveal his true identity. Finally, on November 5, 1948, the following occurred: "At approximately 1515 hours, questioning of Yagi continued. Yagi appeared more nervous than previously mentioned. When advised that it was the intent of the writer to confront Yagi with Fill amezord Kodaira in an effort to resolve the conflicting ict! statements, Yagi begged the writer not to do so stating, "I will tell you the truth this time' 146-28-1911 Yagi then advised, 'My friend, Harry T. Brundidge, came to Japan in March or April 1943. He asked me JAN 12 1949 to go to the United States of America as a witness DIVISION RECERD CRDI. INTERNAL SECURITY SEC. against Toguri. I told him I never seen Toguri broadcasting. He stated, "If you tell the story to Mr. Hogan then you will make a trip to the United States and we will have a nice time to- gether. 11 At this point of the interview, Yagi seemed to regain his composure. In response to a question by the writer as to whether he would make a sworn statement to the above, he replied, Yes, I want to tell the truth now even though it gets me in lots of trouble.' Yagi continued, "The statement I signed (that is the statement given to Hogan in Tokyo in March or April 1948) was not the truth. in GERALD R. FORD 11 Visit lawffell Memorandum UNITED STATES GOVERNMENT 20 : The Attorney General DATE: December 2, 1948 FROM : Alexander M. Campbell, Assistant Attorney General, AMC:WEF:lr Criminal Division SUBJECT: IVA IKUKO TOGURI D'AQUINO 146-28-1941 Treason RECEIVED LED SMB tead 17 1949 I wored dam withing caupoly Division The witness Yagi whom Harry Brundidge produced as a result of his trip to Japan last spring was, it now appears, caprent guilty of perjury in his testimony before the grand jury in the Toguri case. He has finally confessed to a CIC officer Brundie in Japan that he falsely stated that another witness, whom he identified as a result of persuasion by Harry Brundidge, was present at the broadcast. with itc Photocopy from Gerald R Ford Library Yagi had told Mr. Hogan in Japan that he witnessed one broadcast by the defendant Toguri while in the company of a Japanese friend whose identity he refused to disclose on the ground that the friend would not testify because of fear. Mr. Brundidge assured Mr. Hogan at that time that the unidentified friend was at that moment in Brundidge's room but would not talk. Yagi testified to the same effect before the grand jury but his evasiveness aroused the suspicions of the FBI who questioned him many times in San Francisco. Finally, after consulting with Mr. Brundidge in Monterey, Yagi identified his friend as one Kodaira. The CIC Agent who escorted the Japanese witnesses from and to Tokyo was requested by Messrs. Hogan and DeWolfe to conduct certain investigations in Japan upon his return, including the locating and interrogating of Kodaira. The CIC report which has just been received shows that Kedaira emphatically denies having attended any broadcast at Radio Tokyo with Yagi. Yagi stuck to his original story until confronted with Kodaira's denial, after which he asserted that a friend had told him not to reveal his true identity. Finally, on November 5, 1948, the following occurred: "At approximately 1515 hours, questioning of Yagi continued. Yagi appeared more nervous than previously mentioned. When advised that it was the intent of the writer to confront Yagi with Fill amegra Kodaira in an effort to resolve the conflicting it! statements, Yagi begged the writer not to do so stating, "I will tell you the truth this time'. 146-28-19111 Yagi then advised, 'My friend, Harry T. Brundidge, came to Japan in March or April 1943. He asked me JAN 12 19493 to go to the United States of America as a witness DIVISION RECERD CRDI. INTERNAL SECURITYSEC against Toguri. I told him I never seen Toguri broadcasting. He stated, "II you tell the story to Mr. Hogan then you will make a trip to the United States and we will have a nice time to- gether." At this point of the interview, Yagi seemed to regain his composure. In response to a question by the writer as to whether he would make a sworn statement to the above, he replied, "Yes, I want to tell the truth now even though it gets me in lots of trouble.' Yagi continued, "The statement I signed (that is the statement given to Hogan in Tokyo in March or April 1948) was not the truth." Photocopy from Gerald R, R.Ford Library LIGHT right GERALD FREE. Office Memorandum UNITED STATES GOVERNMENT TO The Attorney General DATE: June 8, 1949 FROM : Alexander H. Campbell, Assistant Attorney General, ALC:JBH:mmv Criminal Division 146-28-1941 SUBJECT: United States V. Iva Toguri D'Aquino - Treason You will recall that by memorandum dated December 2, on BY 1948, we informed you that, then prospective Government trial witness, Yagi had given a statement to the Counterintelligence Corps in Japan to the effect that his testimony before the Grand DEC Jury in San Francisco was false and that he had given this testi- mony, as well as his previous statement, to an attorney of the 8 RR Criminal Division at the suggestion and urging of witness Harry Brundidge. You will also recall that witness Brundidge when con- 1933 fronted with this statement simply denied it in toto. We are now in receipt of a statement by Yagi made in Japan to an FBI agent reiterating his accusation in somewhat greater. detail. We also have a statement from another Japanese, Toshikatsu Kodaira, which states in effect that he, Kodaira, as also requested and urged by Brundidge and Yagi to give a similar false statement. The defendant's attorney, who was in Japan obtaining deposi- tions for and on behalf of the defendant, is aware of the recent revela- tions made by Yagi and Kodaira, and will cross examine Brundidge in that regard when and if he takes the stand as a Government witness at the trial on the merits herein. The testimony expected of Brundidge at the trial of this cause will be corroborated by evidence from other credible sources. The trial of the instant case is scheduled to begin at San Francisco on July 5, 1949. GERALD FORD In considering the possibility of instituting prosecution against Brundidge for subornation of perjury, we believe that such action taken prior to the completion of the litigation involving Iva Toguri D'Aouino would completely destroy any chance of a conviction in her case. We further believe that it would be unwise to initiate such prosecution of Brundidge at any time because the chance of convicting a white man upon the testimony of two Japanese, particularly in California, is very slight. We also feel that the fairly close friendship which existed between witness Yagi and newspaper nan Brundidge for a considerable number of years would probably result in Yagi's refusal to testify against Brundidge on grounds of self-incrimination. In view of the foregoing, it is strongly recommended that at the present juncture no federal crininal proceedings of any sort be initiated against Harry Brundidge for any alleged Federal statutory offense arising out of the facts hereinbefore discussed. This Division is likewise firmly of the view that there is no reasonable expectation from a factual stand- point of a successful ensuing Federal criminal prosecution subsequently against Brundidge based on the facts which are the subject matter of this memorandum. IV 1857 ADDRESS REPLY TO UNITE TITES ATTORNEY DRIVER TO and SAND NUMBER C.C. DEPARTMENT OF JUSTICE UNITED STATES ATTORNEY OFFICE OF THE RECEIVED JMC:JM SOUTHERN DISTRICT OF CALIFORNIA LOS ANGELES DEC 1947 December 5, 1947 ATTORNEY GENERAL AIR MAIL 116-28-1941 Honorable Tom C. Clark Attorney General Department of Justice Washington, D. C. MLT = the Re: Tokyo Pose and Walter Winchell My dear Mr. Clark: On December 4th, I talked with Harry Brand, Assistant to Joseph Schenck at 20th Century-Fox studios, and told him trat if it could be arranged I would appreciate an appointment with Walter Winchell; that I did not want to ask any favors or make any complaints, but to make available to Mr. Winchell certain facts if he did not already have them. I cleared the matter through Mr. Peyton Ford, after putting through 2 call to you to find you were out of the city. Mr. Brand then made an appointment for me to talk to Walter Winchell on Thursday afternoon, December 4th. I arrived at 20th Century-Fox studios and met Harry Brand; he R stated that there were very few people wão could talk to Winchell and that Mr. Joseph Schenck was one of these and one of Winchell's good BEART as friends. AND He went to Mr. Schenck's office and there met Mr. Schenck and Charles Carr. I explained to Mr. Schenck our purpose in talking to Winchell was to endeavor to see that he understood the facts of the case and that I did not seel: to ask any favors of Winchell. Mr. Schenck said he W?S & good friend of Winchell and that Mr. Carr was also a good friend of both Winchell and Schenck and that he (Nr. Schenck) would be Elad to have Mr. Carr go along to the conference. ire then proceeded to Winchell's office. I was introduced to Winchell and stated that I W23 there not for the nurpose of attempting to influence him in any of his activities, or to ask any favors, but nerely to make available to hin the facts. FORYICTORY BUY This lir. andswered by a PERSONAL and CONFIDENTIAL note from Mr. Peyton LYITED STATES WAR Ford 12-9-47 (no copy for our files). BONDS STAMPS File Hon. Tom C. Clark Dec. 5. 1947 I stated to Mr. Winchell that there were about six women who broadcast from the Radio Tokyo, only one of whom was an American citizen, to-wit, Pose Toguri. Winchell said he knew the facts and proceeded to make a long, eloquent and interesting speech. In the course of these comments by Winchell I received the impression there night have been, in the past, some differences between you and Winchell. Vinchell made the following points: (1) That it was the duty of the Attorney General and the Department of Justice to propose legislation to ice used against such persons 23 "Tokyo Pose" and to "do something about it." (2) He mentioned 2 luncheon which had been held at 20th Century- Fox some time in the past, in which he intimated that you had not given him a correct answer when asked = whether you were to be the new Attorney General. Ee stated that you were appointed within the next few days. (3) He claimed he had been plugging you for Attorney General part of that time and intimated he had never received proper thanks. (4) Mr. Carr sooke uo and said that he knew of his own knowledge that you did not know at the time of the luncheon that you were to be Attorney General; that you were planning on going back to Texas to practice law. Mr. Carr presented this in his vigorous manner and I believe it had considerable effect upon Mr. Winchell. (5) He complained about the failure of the Justice Department to reprosecute the Washington Sedition case, and though conceding there were too many defendants, he believed they should have been prosecuted in the verious districts throughout the country. (6) Mention W?.S made of John Rosse - Winchell spoke in an approving and not critical Janner. (7) He talked at length about his various libel suits and the problems he had in connection with being a radio broadcaster. (8) At 2. break in his conversation, I exhibited to hin 2. copy of the press release released in Washington concerning Tokyo Pose" and told him it was a complete copy of the release. Ee read it with in- terest, and stated he was =lad to see that "Tokyo Pose" WSS not to be allowed to come back to the United States; he intimated he was going to use the release, or part of it, 0. his Sunday night brondenst. Ke commented that the release did not say that it had been brought about by his previous broadcast. R. GERALD FORD LIBRARY Hon. Tom C. Clark -3- Dec. 5. 1947 (9) I repeated that I was not defending "Tokyo Pose" and wished him more power in his activities in exposing American citizens who engaged in harmful and unpatriotic conduct, at home and abroad, but stated that as 2. lawyer I was not going to recommend 2 prosecution unless we had some kind of Γ. case against the defendant. (10) Mr. Carr mentioned letters he had received as United States Attorney from G Is all over the world, criticizing Mr. Carr for his announced intention of prosecuting "Tokyo Pose" and claiming that the "Tokyo Zose" broadcast, instead of being zorale breakers were corale builders. Winchell replied that these people were probably communists, but Mr. Carr continued with the argument and I think made some in- pression on Winchell. (11) I emplained to him the innocuous character of the "Orohan Annie" broadcasts, and offered to erhibit to him translations of the "Orphan Annie" broadcasts which were put out over the air by Rose Toguri. Ee stated that he was familiar with the fact that many of them were innocuous. In general, I would report that Winchell opened uo and talked quite friendly and freely towards the close of the conversation. I think that the presence of some of our good friends at 20th Century-Fox had a great deal to do with this. His telephone was ringing constantly until he cut off calls, and I know he makes very few appointments to see people. I received the distinct impression and feeling that if there were any hostile attitude on the part of Winchell towards the Department, it could be broken down, and that any differences are not unsurmountable. I received also the impression that somewhere along the line his priče had been injured, and I am of the opinion that you could go a long wey towards smoothing things out, should you have 2 personal chat with Mr. Winchell. He is leaving for the east on Sunday night December 7th or Monday, December 8th, going either to New York or to Washington. SEALE YORD Hon. Tom C. Clark 1 Dec. 5. 1947 As we left Mr. Winchell's office to 50 to our cars, the question of "Tokyo Pose" care up again, and I suggested to him the bad situation which would occur should the Government seek 2 prosecution without having a proper case, and if the trial resulted in a dismissal or acquittal. He agreed readily that this would be worse than having no prosecution, and :fe parted in a very friendly manner. Trusting the foregoing meets with your approval, and that the corference and this report on it may be of some assistance to you the Department, I an Sincerely JAMES M. CARTER United States Attorney cc: Monorable Peyton Ford Acting the Assistant to The Attorney General Department of Justice Washington, D. C. GERAL FORD TRUSTY UNITED STATES ATTORNEY AND REFER TO INITIALS AND NUMBER DEPARTMENT OF JUSTICE - UNITED STATES ATTORNEY NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO 1 Re Iva Togun Wagnino 12 naturberr 46-28-1941 \ FILED 3Y GMB KCV 17 1040 4 NOV 13 1348 Ray CL 1 widustood my instructions we its the Qs to was Two of inDictment Togriease - valed against are to practically groud jurals for we n in arder make To was a necessary speeed to abtain are these edecustances we 7 BElIEVE up will under wish to Back the to the and Ag immediately requestible SA Director. to much send Benefit to the course Case gauldresult from such R.FORD FILE of action n. Regards law Ph LIBRARY GERALD Department of Justice DEPARTMENT*OF JUSTICE DIVISION OF RECORDS Telegram TELEGRAPH OFFICE 1946 SP 13 PM 2:10 BU Q129 GOVT DL PD NUX WASHINGTON DC SEP 13 1945 131P ATTORNEY GENERAL DEPT OF JUST RE YOUR WIRE IVA TOGURI FURTHER INVESTIGATION MENTIONED IN SEP 13 3 326 26 PM "46 RECEIVED CORRESPONDENCE HAS NOT STRENGTHEN THIS CASE PD WE FEEL EVIDENCE IMADEQUATE PD RECOMMEND TREASON PROSECUTION BE DECLINED PD END U S ATTORNEY LOSA CALIF 131700Z 208P. UL 28-194 19 131700Z. DEPARTMENT OF 1!!- RE SEP 13 1946 P.R.C DIVISI (RM-INTER) SECURITY SEC PN RECOR Fenuc. FILE - JSH R Q128-129 DJ Hoyes GERALD FORD LIBRARY Office Memorandum UNITED STATES GOVERNMENT TO Theron L. Caudle, Assistant Attorney General, DATE: September 19, 1946 Criminal Division NTE:JBH:vng FROM = Nathan T. Elliff, Chief, Internal Security Section 146-28-1941 SUBJECT: IVA IKUKO TOGURI, with aliases Tokyo Rose, Orohan Annie, Ann - Treason Reference is made to ny memorandum to you dated May 15, 1946, in which I analyzed the available evidence and expressed my conclusion that that this is not a casa for prosecution for treason. Inasmuch as that memorandum mas rather complete I will not repeat it here. It need merely be stated that the evidence will undoubtedly prove the subject's American citizenship and the fact that she broadcast for the Japanesa for 2 salary. However, the available scripts and the testimony of the majority of witnesses indicate that her broadcasts were innocuous, and could not be considered giving aid and comfort to the enemy. The Har Department has been irquiring at intervals as to what disposition is to be made of this case. Before communicating, with the Mar Department, it was decided to solicit the opinion of the United States Attorney at Los Angeles because he has been studying this matter since its inception. By a telegram dated September 13; 1946, he has advised that he does not feel the evidence is adequate to recommend a treason prosecution. he concur in his opinion and suggest that this mattor be considered closed at this time, and that the War Department be advised that T18 no longer desire that the subject be retained in custody. Of course, if additional information is received at a later date, the entire case can be reconsidered. 146-28-1941 OF JUSTICE THE OCT T-2 1948 DIVISION OF RECORDS RITERNAL SECURITY SEC. LDM T T7Q:JBH:vng 145-28-1941 October 24, 1947 EAT is is BY The Honorable The Secretary of State as OCT 31 1947 Washington 25, D. C. My dear Hrs Secretary: Attentions Mrs. PL B. Shipley, Chief, Passport Division This will acknowledge receipt of your lotter of October 20, 1947, your file F130-Aquino, Izuko D', concerning Mrs. D'Acuino's application for a passport to return to the United States. After a caraful analysis of the available evidence, this Department concluded that prosecution of this individual for tresson was not varranted, and 78 50 informed the Mar Decart- ment. Therafore, this Department will have no objection to the issue of a passport to Hrs. D'Aquino. Respectfully, For the Attornay General yest T. VINCENT QUINN, Assistant Attorney General PM GC: Records Chron. Mr. Hogan SENT OCT 23 B7 Masseng JGLON GERALD A HE 12-5-4 f, C,Fire Memorandum : UNITED STATES GOVERNMENT JAN 11 1949 ZO The Attorney Genera ATTORNEY GENERAL Jard : DATE: January 2949 FROM : Alexander M. Campbell, Assistant General AMC:mab FILED SUBJECT: Iva Ikuko Toguri D'Aquino BY RC 146-28-1941 Treason RoseJokya On APR 5 1954 With reference to a memorandum of December 2, 1948 submitted to the Attorney General in the above captioned matter and on the basis of information contained in said memorandum to the effect that witness Yagi had repudiated his testimony before the Grand Jury in San Francisco, had repudiated a statement which he gave to Mr. John Hogan of the Criminal Division to the effect that he witnessed one broadcast by the defendant Toguri, and that the reason he made the original statements to the said Hogan and to the Grand Jury was as a result of persuasion by one Harry Brundidge, I today conferred with said Brundidge in the presence of Hugh Fisher, Special Assistant to the Attorney General and Dean Schedler, Director of Public Information, the latter having known Brundidge for several years and having had contact with him previously in the Department before the said Brundidge went to Japan. When confronted with the substance of the memorandum of December 2, 1948, heretofore referred to, Mr. Harry Brundidge stated that he could give no reason as to why Yagi had now changed his story and could give no suggestions to the Department which may be helpful in clarifying the situation except that he may have been stricken with fear since his return to Japan. Mr. Brundidge denied that he persuaded witness Yagi to so testify before the Grand Jury in the Toguri case. The interview lasted from 2:30 p.m. until 3:15 D.M. The Criminal Division on December 23, 1948 recuested the Bureau to contact Yagi in Jápan again for the purpose of ascertaining what promoted him to make the last statement repudiating his Grand Jury testimony and his statement to John Hogan. As you know, Special Agent Frederick Tillman departed for Japan on December 23, in connection with the Provoo, D'Aquino, Ince and Streeter cases. 146-28-1941 General- we the ease according Hagsh my information 26 the P Tokyo Rose. 12-5-47 veral FBI reports received since the Department's press release in December tend to confirm the previous opinion held in this Division that IVA TOGURI, now held in custody in Japan, did broadcast over the Japanese radio from late in 1943 until the capitulation. She always called herself Orphan Annie or Anne and broadcast on a program written by captured American and Australian army officers known ES the "Zero Eour Broadcast". Eer statements were limited to the introduction of musical selections and comparatively inocuous references to thentroops being homesick. None of the statements commonly attributed to "Tokyo Rose" regarding trocp movements or actions of the troops' wives at home and other statements intended to break down morale, has been attributed to Iva Toguri. In fact the most competent witnesses clearly distinguish between Ive Toguri, socalled Orphan Annie, and the women broadcasters generally referred to as "Tokyo Rose". The investigation is continuing and no determination regarding grand jury proceedings, if she is allowed to return to the United States, will be made until the investigation is completed. Iva Toguri is E. native born citizen of the United Statetes State Dest in holding fish basis for x her at one lumisty. but comflife. - M & 146-28-144 US Feb b A/S iv MAR 2. File B FARD 03 FEDERAL BUREAUTOR INVESTIGATION Form: No. 1 THIS CASE CR GINATED AT SAX FRINCILCO FILE NO. :=AP 31 Pace, Texas 4-20-49 4-1/49 A. JOHNS adl TITLE CHARACTER CF C.SE INA IMMO TOURI Sac, TREASCH SYNCPSIS CF FACTS: FBI, Special loyee LAVID I. GILMICRE identified voice on Record Cuts 270. 2 and in 33 that C-2 Crohen Annie. In signed statement GILMORE advited that Cruhen Annie conducted the Zero Hour program which he heard in the Marianna Islands during 1944 while he was with L. S. Marine Corps. This program featured popular American SOUTS and comments by Crohan Annio describing the pleasant life end good times back in the United States. GELMORE advised that zoice - Crohan 13 not that C2 +:- announcer re knew 35 TOWO RCE, who conducted 3 radio Guring -he same period featuring uro-Jananess DOWS broadcasts and COMMISS from and about U. S. Prischers of Her telling how well they were treated. GILMORE stated voice on Record Cut No. 1 was the voice of ToKyc ROSE. > P - Bureau File Sen Francisco teletype to El Paso dated 4-15-49. Los Angeles letter to Director dated 8-11-48. DETAILS: The phonograph records described in the referenced letter from Los Angeles to the Bureau were played to SE DAVID I. GILMORE in the E1 Paso Office. After listening to these records GILMORE furnished the following information in the form of a signed statement: "April 19, 1949 El Paso, Texas" "I, David I. Gilmore, made the following statement to Principal FORD LIBRARY EP "Fredorick 4. Johns, who has identified himself to me as a Special Agent of the Federal Surcau of" Investigation. I make this statement froely and willingly. "I have just finished listcning to a phonograph record containing 3 scparate cuts. For identification purposes I have marked this record with =y initials, D.I.G. and the date 4-19-49. "I recognize the voice on cuts two and thrce as the radio voice I knew as Crphan Annic. The woman who identified hersclf as Orphan Annic during 1944 conducted a radio program from Tokyo known as the "Zoro Hour". To the bost of my recollection. the "Zero Hour" was heard by me at approximately 7:30 PM Marianna Islands time from July of 1944 to Cctober of 1944. At this time I was the radio opcrator on combat duty with the rank of Corporal with the Sccond Marino Division, Second Joint Beach Assault Force. I first became acquainted with this program during the strugglo for Tinian, H.I. I listened to this program irrogularly. During the first month I listened nearly every night and afterwards only once or twice a month. The "Zoro Hour" consisted of songs popular in the United States before World :ar II, together with comments by the announcer, Orphan Annic. I recall one specific program, broadcast shortly after the Tinian Campaign began, in which Orphan Annic, in a friendly mannor, said that she was going to play the following record for the boys on Tinian. The record was ontitled "Moon Over Miami". After saying this Orrhan Annic asked "How's the moon over Tinian tonight, boys?" She then went on to say before the rocord was played that the boys and girls back in Miami were enjoying the bcautiful Miami moón and warm brooze. I also definitely recall that Orphan Annie, on other occasions played "Deep in the Hcart of Texas" and "Star Dust". "I do not recall that this person ever described herself in any other way than as Orphan Annic. "As to the "Zero Hour" programs, I recall that Orphan Annic's comment repeatedly described the pleasant life back home in the United States and the fun peoplo were having there whilo WC were fighting in the Pacific. "I have read this and two other pages, understand it and it is truc. /s/ DAVID I. GILMONE FORD Witnessed: /s/ Frodcrick A. Johns' Special Agent, FBI, El Paso. WHRALD LIBRARY - 2 It should be noted that the voice on Cuts No. 2 and 3, on the phonograph records identifies itself as IVA TOGUMI and OREHAN ANTE. SE DAVID I. CILMORE further advised that the voice on Cut No. 1 of the above montioned thoncorrath record was that of TOKYO ROSE an entircly different person from the one whose voico was recorded in Cuts 2 and 3 of this record. SE GILMORE furnished the following information in the form of a signed statement regarding TOKYO ROSE: "April 19, 1949 El Paso, Toxas "I, David I. Gilmore, make the following statement to Froderick 1-. Johns who has identified himself to me as a Special Agent of the Federal Euronu of Invostigation. I make this staten It freely and willingly. "I have just finished listening to 3 phonograph record containing 3 scparate cuts. For the purposes of identification I have marked this record with my initials, D.I.G. and the date, 4-19-49. "Cut #1 was recognized by me as the voice I knew as that of TOKYO ROSE. "I have previously listened to radio news broadcasts by a woman's voico. This individual identified herself as Tokyo Rose. These broadcasts were heard by me at approximately 4:45 PM, local time, Marianna Islands, irregularly from Junc, 1944 to March, 1945. At this time I was a radio operator with rank of Corporal on duty with the Second Marine Division, Second Joint Beach Assault Force. During this period I listoned to the Tokyo Rose broadcasts irregular. Sometimes I would liston to the program cveryday for a week, then nc listen for a month and then resume listening for several days. "In all the broadcasts I heard, this announcer identified her- solf only as Tokyo Ross. I recall that her voice impressed me as being that of a person who spoke perfect English with no trace of a forcign accont. "In addition to nows broadcasts, Tokyo Rosc also broadcast" - 3 GERALD'S LIBRARY FORD "messages supposedly coming from American prisoners of war. At other times, men's voiccs supposedly those of the prisoncrs of war themsolves were heard. At the time I wrote down the names and addresses none of which I now recall of the American Mar prisoners intending to write to thcir familios. However, I nover got around to so writing. Later on this list of names and addresses was lost. "In these broadcasts, Tokyo Rose never made any romarks derogatory to the Japanesc. In general she and the supposed American prisoners of war, said that the American prisoncrs were in good hcalth and being treated very kindly. "Tho voice I know as Tokyo Rose frequently exaggerated and di storted military engagements taking place at that time. As an example of this, I personally witnessed an acrial dogfight between Amorican and Japanese planes on the evening of June 15, 1944 over the harbor at the Island of Saipan. I recall the date because it was my first night in combat and was D Day at Saipan. I"later heard Tokyo Rose describe over the radio the above montioned acrial combat and sho said that the Japanese plancs had destroyed 40 odd American planes and had sunk several ships in the harbor. To the best of my knowledge, this acrial combat resulted in the Japanose planos bcing driven off and with no casulties to either sido. "I have read the above on this and three other pages, understand it and it is truc. /8/ DAVID I. GILMORE WITNESSED: /s/ FREDERICK A. JOHNS Special Agent, FBI, E1 Paso, Texas. The phonograph record referred to above and initialed by SE GILMORE is being retained in the El Paso Office. Incl. to San Francisco: One signed statement by SE DAVID I. GILMORE, regarding Orphan Annic; One signed statement by SE DAVID I. GILMORE, GERALD P FORD rogarding Tokyo Roso. -PENDING- de 4 - 32 1 "Q. Any statement made as to the reasons why she broad- 2 cast? 3 "A. She said she broadcast because the job paid more than 4 i her typist Job. And it was more interesting. She enjoyed 5 the contacts and her surroundings, and she thought she 6 might be able to find a'future in radio work." 7 She also, in her interview with Mr. Kinney, discussed the 8 question of "Tokyo Rose." [I don't think the element of "Tokyo 9 Rose," or "Who is Tokyo Rose?" is of any importance in this 10 case. Nobody broadcast from Radio Tokyo under the name of 11 Tokyo Rose. Apparently it was simply a name given, facetiously, 12 by the GIs to some woman announcer of Radio Tokyo. But this 13 defendant seems to have accepted the appellation. Covernment's 14 Exhibit No. 2, the yen note which she gave to Eisenhart, a 15 guard in the Yokohama prison, bears her signature, "Iva Ikuko 16 Toguri D Aquino, Tokyo Rose." Other souvenirs that she gave 17 away in the fórm of script, she invariably added the words 18 "Tokyo Rose." She said she did 1t at the request of the donee, 19 to whom she was giving the script. Well, even so, even if a 20 donee requested her to sign "Tokyo Rose," if she didn't feel 21 that she was the person referred to as Tokyo Rose, it isn't 22 likely that she would sign 1ts. 23 [we are more concerned in this case with "Orphan Annie," 24 ladies and gentlemen, than with Tokyo Rose. And there is only 25 one Orphan Annie broadcasting from Radio Tokyo, and that was GERALD FORD LIBRARY FEDERAL COURT REPORTERS Official Reporters United States District Court Northern District of California Office Memorandum UNITED STATES GOVERNMENT TO : Raymond P. Whearty, Esquire DATE: May 25, 1948 FROM : Tom DeNolfe TED'LA SUBJECT: Iva Toguri 146-28-1941 STATEMENT OF CASE Reference is made to the abovs-entitled prospective treason prosecution, presently panding in the Department. Subject is not under restraint or in custody, and no criminal proceedings have ever bsen instituted against her in the United States. Subject will be 32 years of aga on 4 July next. She is a Nisei, having been born in California of Japanese non-United States- citizen parentage. She graduated from the University of California, Los Angeles Branch, in 1940. Her aunt was ill in Tokyo and subject's mother, being of U.l.e sound health, requested subject in the summer of 1941 to proceed to the Orient for the purpose of nursing subject's aunt. In July 1941, lacking a passport but provided with a certificate of THE identification, subject sailed from southern California to the Orient. Having mada the voyago without 2. passport and wishing to secure one, she visited the American Embassy in Tokyo and executed the appropriate application. In the latter part of November 1941 she wished to return to the United States. She again visited the American Embassy for the purpose of obtaining a passport and vas advised by American Fabassy officials that they had received no authorization from Washington to issue her a passport. However; the Embassy furnished her with a letter at that time stating that an application had been made for a passport. With this letter an attempt was mada by subject to book passage on a ship scheduled to sail for the United States on 2 December 1941. She then learned that a permit was necessary from the Japanese Finance Ministry authorizing and empowering her to take out of Japan the money she had brought with her there from the United States. Before this per- mit was obtainable the ship had sailed and subject was left in Japan'at the beginning of the war on 8 December 194T. Seen pm 146-28-1941 Finding it difficult to adjust herself among the citizenry of Tokyo through her inability to speak the Japanesa language subject enrolled in the School of Jananese Language and Culture 1948 in Tokyo shortly after her arrival and continued to attend this school until December 1942. Early in 1942 she was advised that United States citizens desiring evacuation to the-United States I.D should make application at the Swiss Legation. She was advised FiLE that the passage would cost approximately $400 and that it would be necessary for her to pay the cost of the passage either before she left Japan or for someone in the United States to guarantee payment on her arrival in this country. Furthermore, she was told by the Swiss Legation that because of the fact that she was without a passport there was little chance that she would be evacuated to America on the first repatriation ship. In September 1942 she again went to the Swiss Legation in an endeavor to secure passage to New York on the Gripsholm out was unable to raise the amount of money required for the passage. After this occurrence she registered at a Japanese ward police station as an alien and continuously thereafter until the fall of Japan was under the survsillance and scrutiny of the Japanese police. With her funds becoming exhausted in July 1942 she obtained employment with the Japanese Domei News Agency as a typist in the monitoring section. In August 1943 subject obtained a part- time position as a typist with Radio Tokyo, in which type of work she was engaged until November 1943. In November 1943, at the instigation of one Major Charles Cousens, an Australian prisoner of war, subject was selected through the medium of a voice test to participate as an announcer on Radio Tokyo's program called "Zero Hour". She worked in this capacity approximately five days a week until 13 August 1945. Three prisoners of war, to wit, Lieutenant Norman Reyes (Filipino), Major Wallace E. Ince (American), Major Charles Cousens (Australian), were in charge of the production of Radio Tokyo's "Zero Hour" broadcasting activities for the Japanese Government. These three men have all been cleared by their respective govern- ? ments of any charge of treasonous activity in connection with their alleged broadcasting work. They will be the three most in- portant witnesses against subject if an indictment should be re- turned against her by 2 grand jury in a United States court. They will testify that subject broadcast no information of military or intelligence value and at no time beaned anything to troops in the southwest Pacific of a propagandistic nature. Her sole work, according to these witnesses, consisted of introducing musical recordings which were beaned to Allied troops in the southwest Pacific. They will testify that they selected subject as an an- nouncer because she was the only woman available, white or Misei, whom they could trust not to betray to the Japanese their efforts to sabotage any propaganda which the Japanese might and would at- tempt to broadcast to American trocps then fighting in the Asiatic Theater. The three men above mentioned will testify that subject was likewise selected by them because she possessed a masculine RAID -2- FORD LIBRARY voice which it was thought would not be attractive to Allied soldiers and fighting men in the Pacific. They will testify that subject never worked at the radio station more than two hours a day in the afternoon for five days a week in connection with her preparation for and actual broadcasting of the introductions to the musical recordings aforesaid. In order to earn 2 living to sustain herself subject was forced at the conclusion of her 20en minute portion of the program in question to work at the Danish Legation in Tokyo. The witnesses above mentioned will likewise testify that subject on some occasions made every endeavor to see that propagandistic matter was not inserted in or utilized by the "Zero Hour" program. Sha frequently expressed pro-American sentiments in the presence of many witnesses and often evinced the wish and desire, when Japanese officials were not present, that the war would end soon and that the United States, her native land, would emerge victorious therefrom. The three prisoners of war above mentioned who were instru- mental in carrying out the program known as the "Zero Eour" and others will testify that subject aided American prisoners of war and often brought them food and sustenance. The three prisoners of war above mentioned were, during a major portion of their broadcasting activity, housed in a rather luxurious Japanese hotel and were not under any more police surveillance than subject. They seem just as much, or more, culpable than she, The scripts of her programs seem totally innocuous and might be said to have little, if any, entertainment value. The scripts containing the introductions to musical recordings, which scripts subject read over the air, were for the most part written for her in their entirety by Major Cousens (Australian prisoner of war). The evidence at hand discloses that the appellation "Tokyo Rose" was never used by subject but was one indiscriminately given to subject or any one of five female announcers working at Radio Tokyo. THERE IS INSUFFICIENT EVIDENCE TO MAZE OUT A PRIMA FACIE CASE. If an indictment is returned against subject by Federal grand venire men in the appropriate Federal judicial district the three Allied prisoners of war, Major Charles Cousens (Australian), Major Wallace E. Incs (American), and Lieutenant Norman Reyes (Filisino). will be necessary and material witnesses for and on behalf of the United States against subject at the trial on the merits before a petit jury. These witnesses have all been cleared of any charge of treasonable activity in connection with their work for Padio FORD LIBRARY Tokyo. According to the available facts they were under 20 more duress or compulsion than was subject. As Government witnesses the Government will as a matter of law be forced to vouch for the truth of their testimony. They will tastify to facts which will disclose as a part of the Government's case in chief that defendant lacked the requisite intent to betray. It must be proved that the accused acted with an intention and purcose to betray or there ia no treason. Cramer V. United States, 325 U. S. 1, 32, Here, anticipating the interposition of a motion for judgment of acquittal and assuming the verity of the testimony of the Government witnesses and all reasonable inferences that may be drawn therefrom, still the Government's case must fail as a matter of law because the testimony of the Government will disclose that subject did not adhers to the enemy or 0033933 the requisite disloyal state of mind. Cramer V. United States, 325 J. S, 1, 30. If the situation vors such that witnesses were available to testify that defendant actually broadcast propaganda to American troops in an endeavor to lower their morale and hinder and impede the American war effort and the defense produced evidence to combat said Government testimony, then a jury question would be presented but that is not the situation here. The Government witnesses, almost to a man, will testify to facts which show that subject was pro-imerican, wished to return to the United States and tried so to do prior to Pearl Harbor, attempted unsuccess- ully to return to the United States in 1942, and beaned to American troops only the introduction to innocuous musical recordings. The Government's evidence likewise will show that subject was a trusted and selected agent of the Allied prisoners of war, yes selected her as the one they could trust not to sabotage their efforts against the success of the Jananese propaganda machine. In other words, the testimony which the Government will offer will not males out a case sufficient as a matter of law to withstand a mation for an instructed verdict. It is also believed that the two overt acts against subject which are presently available, i.e. proof from Reyes and Ince, prisoners of war, that subject broadcast two scripts in March 1944, are from a factual and trial standpoint insufficient as a matter of law. The two overt acts adverted to refer to broadcasts by subject which are nothing but introductions to musical recordings. There i3 no proof available that when subject committed said acts she intended to betray the United States by means of said acts. Cramer 7, United States, 325 U. S. 1, 31. Such proof is a vital element of the Government's case before submission of the same to a trial jury is warranted. The available proof on the overt acts committed by sub- ject, i.e. broadcasting of two introductions to musical recordings in 1944, will rot from a trial standpoint SAOW that said acts were acts in furtherance of the Japanese war effort. In the treason trials GERALD FORD recently successfully concluded in Boston, Federal Judge Ford held as a matter of law that in order for an overt act to be suf- ficient to warrant submission of the same to the jury the proof thereon must show that the same was actually committed for the purpose of furthering the enemy's war effort. There is no available evidence unon which 3 reasonable mind might fairly conclude guilt beyond 2 reasonable doubt and con- sequently a motion for 2 judgment of acquittal under F.R. Crim. 2. 29(a) would probably be granted by the trial court. Curley T. United States, 160 F. (2d) 229, cert. den. 67 S. Ct. 1511, The statement of defendant given to Bureau Agent Tillman might not be admissible in evidence due to the fact that subject was in military custody at the time and had been for some time without any military or civil charges ever having been brought against her. United States 7. Bayer, 331 U. S. 532. Similar statements given to Department of Justice lawyers under similar circumstances wers ruled out in recent treason trials in the Federal Judicial District of Massachusetts, although their admissibility was strenuously urged by the Government. The proof available on the merits in the treason cases successfully concluded during the past year in Boston showed that the defendants in those cases expressed pro-German and anti-American sentiments, broadcast propaganda from Berlin over the German Radio, intended to dissuade American citizenry from supporting the American war effort, and broadcast military information and information concerning the maritime losses of the Allied merchant marine, all obviously calculated and intended to imeda and hamper the American war effort and lower the morals of American citizens. The type and quantum of the proof available in the case against subject is the direct antithesis of that available and utilized in the Boston litigation aforesaid. The so-called "confession" or "admission against interest" given by subject to newspaper men Lee and Brundidge was given only after those gentlemen offered subject $2,000 for exclusive rights for subject's story, which was to be given to the Cosmopolitan Magazine, which journalistic enterprise said newspaper men represented. Of course, Lee and Brundidge at the time were not acting under the authorization of the Department of Justice but were acting in their private capacity. Any inducements held out by 3. private person who is not occupying a position of authority to secure a confession do not per se render the same inadmissible. United States T. Stone, 8 Fed. 232, Stelmer To United States, 134 F. (2d) 931 (C.C.A. 5), cert. den. 319 U. S. 774, 87 L. Ed. 1721. Howsver, the methods by LIBRARY GERALD ? FORD -5- which these newspaper men obtained the so-called "admission against interest" or "confession" from subject appear at least questionable and of doubtful propriety and would, no doubt, be submitted to the trial jury by the court for the purpose of enabling the petit venire men to determine whether or no the same was voluntarily obtained and was given by the defendant of her own free will. RECOMMERDABION Should the Department disagree with the views herein expressed and desire the case against subject to 08 presented to a Federal grand jury it is recomended that a => true bill be cought. Should an indictment be returned against subject under the applicable orom visions of Title 18 U.S.C. Sec. 1 (treason) and the cause oushed for trial on its merits before a petit jury it is recommended that every possible effort be made to secure Federal Communications Commission records of monitorings 01 subject's broadcasts, which were until recently in the possession of the Federal Bureau of Investigation, together with the Naval sound track film and also the Naval Government recordings made of subject's voice in Guan, which matters are fre- quently mentioned in the numerous reports of the Bureau, which will be found scattered throughout the various sections of the file in this casa. LIBRARY RALD FORD :-6- AIR MAIL November 12, 1948. PERSONAL AID CONFIDENTIAL. Alexander H. Cambell. Esn.. Assistant Attorney Genoral, copy seed Merity Department of Justice, last Washington, D. C. Ro: United States V. Ive Toguri D'Aquino 146-28-1941 Your ref: 146-23-1941 17 1940 Ro: Wallace Elwell Ince Your ref: 146-23-2001. CRIM INTERNAL Ly dear Alex: In the first Case above nontioned, a treason indictment was returned against defendent here last month. In the second case above mentioned, an investigation is under way against subject who is a treason suspect, and who for some time has been n regular United States Army officer. I heard today that the Foderal Bureau of Investigation is not in a position to corply with our request for an immediate investigation in the Orient of the Incto in these cases, I presented the D'Amuino case to the grand jury here end Pro vince personally explained to the complement of the same their functions, provisions and prerogatives. I think in retrospect that I personally presented the evidence in the case against the D' "Aguino woman here before the panel of Federal Grand veniromen in a rather forceful manner. I told the grind talemen that the case AC to Colonel Ince, Drs. D'Anuino's superior on Radio Hokyo, would be presented to a Federal frand jury here in the imedinte future, after an ex- haustive, factual investigntion of the same in the Crient had been undertaken. If the above action had not been taken by no. I believe that the grand jury would have returned a no true bill against Mrs. D'Aquino. I personally believe that if General Tom Clark and General Ford were cognizant 02 the facts above mentioned, they. or either of them. would immodiately request Director Hoover to Isanch a factual investi sation on the nerits in the above mentioned matters in the Oricnt. LIBRARY GERALD FORD Aloxander H. Campbell, Esq. Page $2. November 12, 1948 I have written a separate letter concerning this natter officially to the Department under separate cover, directing the same to the attention of the First Assistant, Reymond ?. thearty. your With kind personal regards, I renain Respectfully, TOM DE WORKS BERALD R. FORD LIBRANT ADDP ALL COMMUNICATIONS TO UNIT STATESATTORNEY AND REFER TO INITIALS AND NUMBER DEPARTMENT OF JUSTICE eil Pr UNITED STATES ATTORNEY RECEIVED NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO 1 17 1949 Division January 12, 1949 Alexander M. Campbell, Esq., Assistant Attorney General, 146-28-1941 Department of Justice, POSTICE Washington, D. C. JAN 17 1949 Sir: CRIM.-INTERNAL Re: United States V. Iva Toguri D'Aquino SECURITY SEC. (Your Ref: 146-38-1941) B.V. Reference is made to the above entitled treason prosecution presently pending in this jurisdiction. On page 5, Exhibit 20 of the confidential report of the Counter-Intelligence Corps, Department of the Army, which report was forwarded to the Department of Justice by War Department letter dated FORD 6 June, 1945, we find the following pertinent paragraph which is quoted verbatim: GERALD "The file contains a memorandum dated October 22, 1943, prepared by Mrs. Ruth Shipley, Chief, Passport Division, State Department, pointing out that on December 8, 1941, Ikuko Toguri had applied for a passport in Tokyo, having left the United States in July 1941 without an American passport. No instructions were sent to Ikuko Toguri 2s to her status due to the outbreak of war, but the Department had ruled that she was entitled to a passport to return to Reify the United States. This memorandum concludes as follows: The presumption of having ceased to be an American citizen is now resting against her under provisions of Section 402 of the Nationality Act of 1940. H It is believed that it would be well for the Department to have Mr. Hogan or some other person proceed immediately to the Department of State for the purpose of reviewing their file in this matter, and conferring with experts at the Department of State concerning the question of any presumption of expatriation that may exist in defendant's favor. An explanation and interpretetion by qualified experts from the State Department as to the portion of the memorandum above quoted would be beneficial and helpful. There is, of course, plenty of evidence available that during the time that she broadcast, defendant was not serving in the armed forces of the Imperial Japanese Government, and Hopen Alexander M. Campbell, Esq. -2- Jamiary 12, 1949. that she did not occupy any position for which only Japanese nationals were eligible. Time being of the essence, I should, of course, be advised immediately as to the result of the research and interview above suggested. The Department's attention is called to the provisions of Title 8 U.S.C. Sec. 802, which is the applicable statutory provision concerning the legal presumption of expatriation referred to in the State Department memorandum above quoted. The Justice Department's legal visws on the question herein discussed are likevise desired. The Department will be kept advised as to all material developments that ensue herein. Respectfully, FRANK J. HENNESSY United States Attorney LIBRARY GERALD P FORD FORM NO. 34 Office Memorandum UNITED STATES GOVERNMENT TO : The Files DATE: May 26, 1949 FROM : John 3n Hogan JBH:nnv 146-28-1941 SUBJECT: United States is Iva Toguri D'Aquino This afternoon, Harry T. Brundidge telephoned me from New York and advised that the information he was about to give he had received in confidence but falt that the Government should have it. Clark Lee prepared and submitted to International News Service for publication a series of six articles. The title and the general subject matter of these articles were unknown to Mr. Brundidge. He stated that among other things the series included a most bitter and vitriolic demunication of the Government for having even considered a prosecution of the defendant in this case. The language of the article was 30 bitter against the Government that Mr. Barry Ferris, Editor and Chief of INS, returned it to Lee refusing to have anything to do with his publication. It was Mr. Ferris who gave this information to Mr. Brundidge. The conclusion which Mr. Brundidge draws from the above facts is that Lee will most likely be extramely sympathetic to the defendent if called to the stand by the Government. Mr. Brundidge told me in addition that he had seen a newspaper clipping which stated that Clark Lee and his wife will leave Monterey, California, on June 2, 1949, for 2 trip to Europe. BERALD FORD LIBRARY Nores ay jury foreman John mann 1949 "hese we were to have around everytime wa left the building, Court stayed in session, recessing but reconvening for each request the jury had for testimony C-2' evidence. The crowd stayed on: On Monday night at 11:00 p.m when we returned to the courtroom prior to adjourning to the hotel for the night, there was a fully packed courtroom / All Monday afternoon and all day Tuesday we vent through the judge's lengthy instructions, especially the essential elements as listed in relation to each of the overt acts, There was at considerable feeling in the jury that R. question toiled down to the sixth essential element which provided that she there were grounds for acquittal Insofar as most of the overt acts were CODEO GERAL FORD cerned, there was a general opinion that they had been committed, but the must have had intent to betray the United States, It was decided on Monday LIBRARY that we would eliminate all overt acts except five and six, which alleged that she wrote the script and brcadcast about the loss of ships / As the essential elements were progressive in character, we started with No 1 and agreed usen. inously all the way up through No. 5 and into No, ó where we divided over the matter of intent which is of importance in any crininal case Nos, 7 and 3 were readily agreed to provided we could decide on No: 6., By Tuesday evening we had made little progress beyond a point reached on Tuesday a,n, at 9:30 when a ballot resulted in 9 to 3 for convictiony Means while we had requested much of the testimony and mary exhibits and for each request we were recalled to the courtroom and cur request transmitted to attornies for both sides to stipulate agreement to our request It was very difficult to request specific testimory without divulging to the courtrcom the nature c= our úeliterations, On Tuesday evening it was decided to notify the Court that we were hopelessly deadlocked, This was done and the judge culled us in and notified us once again of the importance of the case, the terrific expense already insurred end the fact that another three months' trial was impending if we went undecided. He told us the instructions given the United States Marshalls were that ve should be permitted to deliberate at any time we chose to go to meals at any tice and to retire when we chose, tut for us to go back to the jury room and make every attempt possible to reach a verdict, The Marshalls were extremely careful with us. We could speak to no one, telephones were cut off in our hotel rooms, radios removed: we could not read any papers or get in touch ith our families except through the Marshall's Office I had brought 2 razor along but by Wednesday I requested the Marshall to phone a young lady in our office requesting she purchase e at change of clothes. This she did most satisfactorily and a very welcome change arrived, Ton Wednesday we argued and debated with little progress, although at tires some of the jurors waivered tempcrari.y, but lines were pretty well drawn with nine for conviction and three of us for acquittal. Most of the response. bility for the acquittal arguments depended cn a lady jurer and E, with if catching the brunt of it, Cur contentions for acquittal were based on those instructions which said the defendant was presured innocent until proven guilty and that it was up to the prosecution to make that proof beyond any reasorable doubt. Added to that was the statement in essential element No, 6 that aiding the enery was not treason in itself unless there was intent to tetray the United States. Inrues were becoming heated xents were hold and 11 VIS pretty JUIT that retired on Todnebuay : did not $200 to pleap mtil almost 1:00 S.A. Thursday started out where TO 1:15 off on Kednapday, Ve 11d request further trinscripts of testinomy but DCC with much have as 1t ves metter MM- cult DOV to change any opinions. At 5000 р,д, VP = misted clarificati from the judge on intent definitions L3 contained in the insuructions. At 6:00 ,=, he called is into court and answered the comest by saying that we should eider the instructions as St whole and not pick any intervidual parts for as use, He then suggested that we retire for disnor or for the evening. We returned to the juryruce and feeling timt the dge's comments vere in the nature of at denial of clarification 0: the case CT signttal, the Noses of us decided to acquiesce and make a quilty verdict We voted on each of the overt acts and there was & unanizous vote on Overt Act No. 6, the wondcast about the supposed loss of all Aurican ships and the fact that the G.:, S could not get houe, On all of the CTARMS there was unanimity on a "not guilty" Vardiet, GERALD FORD As foreman of the jury I imote the verdict and signed :- and then on ar individual verdict for each overt 20% duly inserted "I.O" :: 20- dicate the jury's vote except on To, 6 where "yes was inserted. I signed this and then at very solem and was jury sent word to the Judge that we Mi greed finally, The drams in the Courtrons bad increased Ath Book of CUD return trips to court as each trip was a possible resided. : V10 under the ampression THE ES jury fureman I mut read the werding; and in = of the tense situation, 1-; was certain that IC sound would be forthresing MAST : opened = mouth. Fortunately the courtroom was particlly noty when returned, as zost of the people had assumed the jury bei retired. AS we filed 1n no 55 looked at the defendant, the counsel tables, the press table = the audience. Face the Judge's request, : rose and book the verdicts from If 17. side coat pocket. My relief was tremendous when :- asked that = hand it to the clerk who, in turn, passed 1± 00 to the Judge, who with on implicable COMPLA nance looked through the several pages. E: then returned it to the clark with the request that he advise the court of the jury's lecision, The clerk's voice faltered slightly == the very silent recm as he read, "Cuilty." Immediately 2 rather disappointed "oh" ran through the court and the Marshalls quieted the room with some difficulty, The verdict on each of the eight overt acts Was read and then 23c: :: the jurcrs yas polled '6' rate to enswer is the verdict so reached was his wish, The Judge then advised the jry that :e Ind been artrenely patient and able in the longest trial in San Francisco thanked US and dismosed us into the kands of the reporters and photographers, Attempts to get a.ay without an inter view were impossible, and although we were non-commital, the papers and the die very shortly cad a rather accurate account, tecluding who ware the hald outs. info mation which all purors had agreed no rulge Information since detained indicated that the reporters, lawyers and ablachos had already onde it fungly good analysis of each jurcr They inticipated that I would ice the foreman bad figured that two others and I words for had bloked the that would stand for conviction and had for : vould follow the majornty the of the jurers they could not figure The ICT 23.1 been classed as for accuittal and the press and the infense that sie would be called 12 50 serve for that reason The arazing == all this 1.3 that they were for shead of the members of the jung who 02 .0.200 had third similar analysis Also amzing 13 the fact that as for all I had DOG inde up my mind until after the Judge S instructions and so 126 not 200W regarding myself. Throughout the entire trial the jurcrs were non consitted and apparently Very impartial in their attitudes. All of us were very annoyed 52 times by the de laying and time consuming tactics of the defense All 348 the highest admiration and respect for the father sister and brother of the defaniant, who were in court daily and in every manner and movement acted as refined, reserved and respected folks. The chief prosecuting attorney was 2 very able chap, quite wise 10 jury handling and used to making every nove and word count I&t many prose cution witnesses actually did more for the defense and 'cy the same token the actions of some defense witnesses were of considerable assistar to the prosecu- tion The entire trial was an education to those who listened Our legal understanding is ruch advanced. our knowledge of Capan and its people is greater our Pacific Geography is extanded. we know more of our Government, the Army and the State snd Justice Departments. We have seen and listened to people of fame, we have heard much of the inside of radio broadeasting, the use and methods of propaganda we saw admitted to evidence = range * items from yen notes. to military maps, to radio beam charts, CO at photostated copy of 3 treaty mde by the Swiss Covernment between Japan and the United States wherein it, was mutually agreed to abide by the Geneva Convention in respect to prisoners of :25 It 13 difficult to describe the dram of = acternational treason trial, Some of the jurors were naturally unhappy with the verdict, It W2C felt that is the interests of strict justice alone as == is ideally held in the American mind, and free from emotion and prejudice that the prosecution 8+d not Drove gift beyond a reasonable doubt The cress table had voted 9 to I is that the defendant would be acquitted, A22 personnel WHO handled her during FORD year in the County Jail were extremaly sympathetic to her, See counsel who were acting without fee: were acting as crusaders in pursuit of what they be, GERADD lieved was justice, LIBRARY The newspapers even in view of the personal opinions of the press who covered the trial, were very fair in comment and editorials. it have seen such items from various parts of the country and have been surprised at the general fairness of their statements I made cne statement following the verdict to the effect that although there is a desire 00 the part of a large cortion of the jury towards acquittal. it :- difficult to do other than WE did in VISW of the Court's instructions. This quoted considerably It is a very truthful state, ment and I believe it explains clearly the action of the jury/ On Cotober 6, Judge Roche sentenced the defendant to ten years and a $10,000 fine The defense has appealed Although it was as: interesting and educational experience I am glad it is over and would not want. to do it again,