Memorandum from Justice Robert Jackson to President Harry S. Truman

325-A Supreme Court of the United States Washington, D.C. file CHAMBERS OF ROBERT H. JACKSON 6-15-45. April 29, 1945. MEMORANDUM FOR THE PRESIDENT. I have considered your inquiry made through Judge Rosenman as to whether I would be willing to undertake to prepare and present the case against war criminals to a United Nations military tribunal. I have decided that I can undertake the work, which I consider a grave responsibility, but I will do so if my general ideas of handling the matter meet your approval. My views in outline are: x325 1. The Memorandum for the President on War Crimes by H.L.S., E.S., and F.B., dated January 22, 1945, seems to afford a prac- ticable and sound general basis for a summary but fair procedure. As the tribunal contemplated is of military character, nothing about the plan is inconsistent with, but on the other hand conforms to, any position I have publicly taken. The plan, of course, needs a good deal of maturing in details. 2. Time is of the essense. Some one must make an effective and unambiguous move to deal with war criminals, promptly after surrender. It must be on a basis acceptable to people whom we would discourage from taking the law into their own hands with resultant anarchy and civil bloodshed. It must be plain to the world that any delay is not the fault of the United States, and is not the fault of the President. Hence, to some extent, I would sacrifice perfection to expedition. 3. Subject to your own better informed judgment, I doubt the wisdom of delaying United States action pending agreement that I should prosecute on behalf of all the United Nations. It may be ques- tionable after what has happened at San Francisco whether the Russians will agree to this. And I think we should not insist on it. Russia may well have evidence touching her own people that home prestige re- quires be presented by a Russian. Then, too, she may have evidence, such as confessions, for example, which was so obtained that I, as an American judge, could hardly vouch for it. Yet to keep it out would expose us to their charge of throwing the case. I should be satisfied to represent the United States alone at the outset and such others as, on further acquaintance, desire to entrust their cases to us. The best way go gain confidence and leadership in the matter, in my opinion, is not to ask for it but to be the best prepared. TRUMAN ARCHIVES INTIONAL RECORDS NEWSITE x325-B SERVICE GOVERNMENT