Harold Carswell - Wikipedia, the free encyclopedia Page 1 of 2
Harold Carswell
From Wikipedia, the free encyclopedia
George Harrold "Harold" Carswell (December 22, 1919 - July 13, 1992) was a Federal Judge and an unsuccessful nominee to the United States Supreme Court.
Carswell was born in Irwinton, Georgia and graduated from the United States Naval Academy and the University of Georgia School of Law.
Carswell served as an attorney and eventually the U.S. Attorney for the Northern District of Florida. Carswell was nominated and confirmed to serve as a judge on the U.S. District Court for the Northern District of Florida in 1958. Carswell was then nominated by President Richard Nixon to the United States Court of Appeals for the Fifth Circuit in 1969.
Nixon nominated Carswell to the Supreme Court on January 19, 1970 to replace Justice Abe Fortas. Carswell was praised by Senators such as Richard Russell; he was criticized for the high reversal rate (58%) of his decisions that were later appealed, and by civil-rights advocates for his judicial record and for vocally supporting White supremacy in 1948 while running for office in Georgia.
Carswell was rejected by the Senate on April 8, 1970 by a vote of 51-45.17 Democrats and 28 Republicans voted for Carswell. 38 Democrats and 13 Republicans voted against him.
Nixon announced he would nominate Hershel Friday and Mildred Lillie to the Supreme Court but the American Bar Association found them both unqualified. After this, Nixon nominated Harry Blackmun to fill the Fortas vacancy and William Rehnquist for the other vacancy.
After his rejection, Carswell resigned from the Court of Appeals and unsuccessfully ran for the United States Senate in 1972, losing in the Republican Party primary by a large margin.
Carswell was arrested and convicted of battery, in 1976, for advances he made to an undercover police officer in a Florida men’s room; some claim him as the first homosexual or bisexual nominated to the Supreme Court. Quotations about Harold Carswell
"Even if he is mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a tittle representation, aren’t they?" - Roman Hruska in defense of Harold Carswell’s nomination against charges that he was "mediocre" See also
Defeated nominees to the U.S. Supreme Court
Retrieved from "http://en.wikipedia.org/wiki/Harold_Carswell" Categories: 1919 births I 1992 deaths [ Judges of the United States Court of Appeals for the Fifth Circuit I Unsuccessful nominees to the United States Supreme Court I People from Georgia (U.S. state) I University of Georgia alumni
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Clement Haynsworth
From Wikipedia, the free encyclopedia (Redirected from Clement Haynesworth)
Clement Furman Haynsworth, Jr. (October 30, 1912 - November 22, 1989) was a United States judge and an unsuccessful nominee for the United States Supreme Court.
Haynsworth was born in Greenville, South Carolina and he was a graduate of Furman University. Haynsworth was nominated to the United States Court of Appeals for the Fourth Circuit on February 19, 1957 and he was confirmed shortly afterwards.
Haynsworth was nominated to the Supreme Court on August 21, 1969 by President Richard Nixon to replace Abe Fortas on the court. Haynsworth was opposed by Democrats, Liberal Republicans, and the NAACP and he was alleged to have made court decisions favoring segregation and decisions on subjects where he had a financial interest.
Haynsworth was defeated by a 55-45 vote on November 21, 1969.19 Democrats and 26 Republicans voted for Haynsworth while 38 Democrats and 17 Republicans voted against the nomination. Haynsworth was the first Supreme Court nominee since John J. Parker to be defeated by the Senate.
After his defeat, Haynsworth remained on the Fourth Circuit until his death in 1989,
(Haynsworth is occasionally confused with G. Harrold Carswell, who was unsuccessfully nominated the next year for the same vacancy.) External links
¯ Ron Schuler’s Parlour Tricks: Clement Haynesworth (http://rsparlourtricks.blogspot.corn/2005/10/clement- haynesworth.html)
Retrieved from "http://en.wikipedia.org/wiki/Clement_Haynsworth" Categories: 1912 births] 1989 deaths l Judges of the United States Court of Appeals for the Fourth Circuit I Unsuccessful nominees to the United States Supreme Court I American jurist stubs
This page was last modified 16:13, 1 June 2006. All text is available under the terms of the GNU Free Documentation License (see Copyrights for details). Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc.
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" TENN ESSEE ENCYCLOPEDIA ’¢ H 1 STO RY AN D CU LTU RE ..... A ,C ¯D ,E ¯F ,G ¯H ¯I ,J ¯K ¯L ,M ¯N ¯0 ,P .Q ,R ,S ¯T ,U ¯ V ¯W ,X ¯Y Z ¯ Search JAMES F. NEAL ¯ Browse by Category 1929- ¯ ¯ This Land Nashville attorney and federal prosecutor James F. Neal achieved Called prominence as successful trial counsel in some of the nation’s highest Tennessee profile criminal cases from the 1960s through the 1990s. He is best know
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¯ Preface as lead trial counsel in the prosecution of high-ranking officials of the ¯ Foreword Nixon administration that arose out of the Watergate cover-up, the scand~ ¯ Acknowledgements that prompted President Nixon’s resignation. ¯ Authors ¯ Staff After graduating from high school in Sumner County, Neal attended the ¯ S~pp~ers University of Wyoming on a football scholarship and graduated in 1952. ¯ About the Following service in the U.S. Marine Corps, where he reached the rank o: Site captain, Neal attended Vanderbilt University School of Law and finished ¯ Other Links first in the class of 1957. He earned an advanced law degree at
¯ Georgetown University in 1960. ¯ Introduction ¯ Image While serving from 1961 to 1964 as a special assistant to the attorney ~!!ery general of the United States, Neal helped prosecute Teamsters Union Media president Jimmy Hoffa for attempting to bribe jurors in a previous case. Gallery Following service as U.S. attorney for the Middle District of Tennessee from 1964 to 1966, he entered private law practice in Nashville and was Gallery founding partner of the firm of Neal and Harwell. In 1973 former U.S. Attorney General John Mitchell and other ranking Get FLASH members of the Nixon administration were charged with obstructing Player justice following the 1972 burglary of Democratic Party offices at the Get REAL Watergate Hotel by Republican political operatives. Neal was named leac P!~y~r trial counsel and successfully prosecuted the cases.
Among the more noted defendants Neal has successfully represented are Dr. George Nichopoulos (Elvis Presley’s physician), Louisiana Governor Edwin Edwards, Ford Motor Company in the Pinto criminal trial, and Exxon Corporation in charges resulting from the Alaskan oil spill. He als, served as private counsel for Vice-President Albert Gore Jr. in the late 1990s.
Robert Brandt, Nashville
See Also: HOWARD H. BAKER JR.; LAW; FRED THOMPSON Text copyright© 1998 by the Tennessee Historical Society, Nashville, Tennesseee. Online Edition copyright© 2002 The Uniye!~ty of Tennessee Press, Knoxville, Tennessee. All Rights Reserved.
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Unfortunately, Corley said, many people believe lawyers are like Carrey’s characte~ an attorney whose legal career is hampered by his sudden inability to speak anythir but the truth.
Email Login And the public’s perception of lawyers hasn’t been helped any by high-profile cases such as the Clinton impeachment saga, the O.J. Simpson murder trial and tobacco Password manufacturers’ suppression of research on the harmful effects of smoking, Corley s She was the moderator at a panel discussion Thursday night that was organized by Nashville Bar Association’s "Colleagues" mentoring program for young lawyers.
Watergate prosecutor James F. Neal said that while the rules of ethics won’t let lawyers tell or present lies in court, that shouldn’t stop them from using facts to "cu a false impression" if that will help a client.
"One misperception is that a trial is a search for the truth," said Neal, a famed Nashville trial lawyer whose clients have included Exxon, Ford Motor Co. and Vic President A1 Gore.
"It is not, except in the broad sense of guilt or not guilt. Each side presents, and is entitled to present, its own truncated, shortened version of the truth."
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That prompted U.S. District Judge Robert Echols to say that while lawyers are not obligated to present all of the facts in court, a trial judge must be "watchful over th~ truth" that jurors attempt to determine from the conflicting facts that they hear.
"I take that seriously, and we must take it seriously," Echols said. "It’s not just gamesmanship."
State lawyer discipline official Laura Chastain noted that lawyers are often caught between their obligations to protect a client’s secrets and to be honest with the cour
The rules of ethics enforced by the Tennessee Supreme Court require a lawyer to withdraw from representing a client if he knows that the client plans to lie in court, that’s hard to do if a trial is already under way, Chastain said.
Vanderbilt University law professor Susan Kay said her students like to debate "wE it means to know" that a client is lying.
"What standard does each student want to use as to knowledge?" Kay said. "That hz to be your own moral decision."
Chastain warned the 60 lawyers present Thursday night not to coach their clients te aggressively on what to say in court.
"Never suggest to your client the answers to give," Chastain said. "We have had so: situations where the client was tape-recording the lawyer and the lawyer is telling client what to say under oath. This isn’t good."
But, Neal said, "I don’t think it’s unfair at all to try to educate your client" on the la~ the strength of the case and how he or she is coming across.
Neal said that one of his best-known clients, film director John Landis, appeared at first to be "a horrible witness" because he obviously "resented" being indicted for manslaughter after three actors were killed when a helicopter crashed during filmin of the Twilight Zone movie in 1982.
Landis "came out, after viewing himself (during a practice session that Neal videotaped), as one of the most impressive witnesses I had ever had."
Davidson County Circuit Judge Frank Clement Jr. said it’s nothing new for lawyers be unpopular.
But if the public does not have faith in the overall integrity of the court system, Clement said, "they’re going to take care of (disputes) themselves," with weapons necessary.
The public’s dim view of many of the lawyers in the Clinton impeachment case resulted partly from the use of legal language and procedures in what was not reall,. trial but "a political process," Kay said.
"Neither (law nor politics) is helped by the other," she said.
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NARA JFK Assassination Records Research JFK Assassination Records House Select Committee on Assassinations Report Findings Home
ABOUT THE JFK print Page E:~ail Page Bookmark Page RECORDS Main Page Report of the Select Committee on Background ~requently Asked Assassinations of the U.S. House of Questions (FAQs) Representatives Press Releases C. The Committee believes, on the basis of the evidence available to it, that President John F. Kennedy was probably assassinated as a result of a WARREN conspiracy. The Committee is unable to identify the other gunman or the ext COMMISSION of the conspiracy. Introduction Go to the footnotes for this chapter. Inventory Federal Records Guide Description ¯ The committee believes, on the basis of the evidence available to it, that the Soviet Government was not involved in the assassination of President Kennedy/ R~port ¯ The committee believes, on the basis of the evidence available to it, that the ASSASSINATION Cuban Government was not involved in the assassination of President Kenned~ RECORDS REVIEW ¯ The ~Q~mittee be!i~es, on the basi~ of the ev!denc~ avai!ab!~ to it, that anti- BOARD C#stro Cuban grgups, as group~, were n#t involved in the assassination of Background and Lists
http://72.14.207.104/search?q=cache:OJeWSEbFpXsJ:www.archives.gov/research/jfk/sele... 5/18/2006 From Final Report of Warren Commission
Page 176
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(8) James R. Hoffa.--During the course of its inve.stigation, th+ committee also examined a number of areas of information and allegations pertaining to James R. Hoffa and his Teamsters Union and underworld associates. The long and close relationship between Hoffa and powerful leaders of organized crime, his intense dislike of John and Robert Kennedy dating back to their role in the McClellan Senate investigation, together with his other criminal activities, led the committee to conclude that the former Teamsters Union president had the motive, means and opportunity for planning an assassination attempt upon the life of President John F. Kennedy.
The committee found that Hoffa and at least one of his Teamster lieutenants, Edward Partin, apparently did, in fact, discuss the planning of an assassination conspiracy against President Kennedy’s brother, Attorney General Robert F. Kennedy, in July or August of 1962.(330) Hoffa’s discussion about such an assassination plan first became known to the Federal Government in September 1962, when Partin informed authorities that he had recently participated in such a discussion with the Teamsters president. (331)
In October 1962, acting under the orders of Attorney General Kennedy, FBI Director Hoover authorized a detailed polygraph examination of Partin. (332) In the examination, the Bureau concluded that Partin had been truthful in recounting Hoffa’s discussion of a proposed assassination plan.(333) Subsequently, the Justice Department developed further evidence supporting Partin’s disclosures, indicating that Hoffa had spoken about the possibility of assassinating the President’s brother on more than one occasion. (334)
In an interview with the committee, Partin reaffirmed the account of Hoffa’s discussion of a possible assassination plan, and he stated that Hoffa had believed that having the Attorney General murdered would be the most effective way of ending the Federal Government’s intense investigation of the Teamsters and organized crime.(335) Partin further told the committee that he suspected that Hoffa may have approached him about the assassination proposal because Hoffa believed him to be close to various figures in Carlos Marcello’s syndicate organization.(336) Partin, a Baton Rouge Teamsters official with a criminal record, was then a leading Teamsters Union official in Louisiana. Partin was also a key Federal witness against Hoffa in the 1964 trial that led to Hoffa’s eventual imprisonment. (337)
While the committee did not uncover evidence that the proposed Hoffa assassination plan ever went beyond its discussion, the committee noted the similarities between the plan discussed by Hoffa in 1962 and the actual events of November 22, 1963. While the committee was aware of the apparent absence of any finalized method or plan during the course of Hoffa’s discussion about assassinating Attorney General Kennedy, he did discuss the possible use of a lone gunman equipped with a rifle with a telescopic sight, (338) the advisability of having the assassination committed somewhere in the South, (339) as well as the potential desirability of having Robert Kennedy shot while tiding in a convertible. (340) While the similarities are present, the committee also noted that they were not so unusual as to point ineluctably in a particular direction. President Kennedy himself, in fact, noted that he was vulnerable to title fire before his Dallas trip. Nevertheless, references
Page 177 to Hoffa’s discussion about having Kennedy assassinated while riding in a convertible were contained in several Justice Department memoranda received by the Attorney General and FBI Director Hoover in the fall of 1962.(341) Edward Partin told the committee that Hoffa believed that by having Kennedy shot as he rode in a convertible, the origin of the fatal shot or shots would be obscured. (342) The context of Hoffa’s discussion with Partin about an assassination conspiracy further seemed to have been predicated upon the recruitment of an assassin without any identifiable connection to the Teamsters organization or Hoffa himself.(343) Hoffa also spoke of the alternative possibility of having the Attorney General assassinated through the use of some type of plastic explosives. (344)
The committee established that President Kennedy himself was notified of Hoffa’s secret assassination discussion shortly after the Government learned of it. The personal journal of the late President’s friend, Benjamin C. Bradlee, executive editor of the Washington Post, reflects that the President informed him in February 1963 of Hoffa’s discussion about killing his brother. (345) Bradlee noted that President Kennedy mentioned that Hoffa had spoken of the desirability of having a silenced weapon used in such a plan. Bradlee noted that while he found such a Hoffa discussion hard to believe "the President was obviously serious" about it. (346)
Partly as a result of their knowledge of Hoffa’s discussion of assassination with Partin in 1962, various aides of the late President Kennedy voiced private suspicions about the possibility of Hoffa complicity in the President’s assassination.(347) The committee learned that Attorney General Robert F. Kennedy and White House Chief of Staff Kenneth O’Donnell contacted several associates in the days immediately following the Dallas murder to discuss the possibility of Teamsters Union or organized crime involvement. (348)
As noted in the account of Ruby’s telephone records, the committee confirmed the existence of several contacts between Ruby and associates of Hoffa during the period of October and November 1963,(349) including one Hoffa aide whom Robert Kennedy had once described as one of Hoffa’s most violent lieutenants. (350) Those associates, Barney Baker, Irwin Weiner and Dusty Miller, stated that Ruby had been in touch with them for the sole purpose of seeking assistance in a nightclub labor dispute. (351)
The committee learned that Attorney General Kennedy and his aides arranged for the appointment of Charles Sheller, a Justice Department attorney, to the Warren Commission staff in order that the possibility of Teamster involvement be watched. Shaffer confirmed to the committee that looking into Hoffa was one purpose of his appointment.(352)
Yet, partly as a result of the Commission’s highly circumscribed approach to investigating possible underworld involvement, as well as limited staff resources, certain areas of possible information relating to Hoffa--such as the Ruby telephone calls--were not the subject of in-depth investigation.(353) Nevertheless, in a lengthy Commission memorandum prepared for the CIA in February 1964, the Teamsters Union had been listed first on a list of potential groups to be investigated in probing "ties between Ruby and others who might have been interested in the assassination of President Kennedy." (354)
Page 178
During the course of its investigation, the committee noted the existence of other past relationships between Ruby and associates of Hoffa, apart from those disclosed by a review of the Ruby phone records. Two such figures were Paul Dorfman, the Chicago underworld figure who was instrumental in Hoffa’s rise to power in the labor movement, and David Yaras, the reputed organized crime executioner whose relationship to Ruby dated back to their early days in Chicago. (355)
The committee also confirmed that another Teamsters official, Frank Chavez, had spoken to Hoffa about murdering Robert Kennedy in early 1967, shortly before Hoffa went to Federal prison. (356) During that incident, Hoffa reportedly sharply rebuked his aide, telling him that such a course of action was dangerous and should not be considered. (357)
In an interview with a newsman several weeks before his disappearance and presumed murder, Hoffa denied any involvement in the assassination of President Kennedy, and he disclaimed knowing anything about Jack Ruby or his motivations in the murder of Oswald. Hoffa also denied that he had ever discussed a plan to assassinate Robert Kennedy. (358)
As in the cases of Marcello and Trafficante, the committee stressed that it uncovered no direct evidence that Hoffa was involved in a plot on the President’s life, much less the one that resulted in his death in Dallas in November 1963. In addition, and as opposed to the cases of Marcello and Trafficante, Hoffa was not a major leader of organized crime. Thus, his ability to guarantee that his associates would be killed if they turned Government informant may have been somewhat less assured. Indeed, much of the evidence tending to incriminate Hoffa was supplied by Edward Grady Partin, a Federal Government informant who was with Hoffa when the Teamster president was on trial in October 1962 in Tennessee for violating the Taft-Hartley Act. 1~
It may be strongly doubted, therefore, that Hoffa would have risked anything so dangerous as a plot against the President at a time that he knew he was under active investigation by the Department of Justice.12 Finally, a note on Hoffa’s character. He was a man of strong emotions who hated the President and his brother, the Attorney General. He did not regret the President’s death, and he said so publicly. Nevertheless, Hoffa was not a confirmed murderer, as were various organized crime leaders whose involvement the committee considered, and he cannot be placed in that category with them, even though he had extensive associations with them. Hoffa’s associations with such organized crime leaders grew out of the nature of his union and the industry whose workers it represented. Organized crime and the violence of the labor movement were facts of life for Hoffa; they were part of the milieu in which he grew up and worked. But when he encountered the only specific plot against a Kennedy that came to the attention of the committee (the suggestion from Frank Chavez), he rejected it.
" Hoffa was in fact facing charges of trying to bribe the jury in his 1962 trial in Tennessee on November 22, 1963. The case was scheduled to go to trial in January 1964. Hoffa was ultimately convicted and sentenced to a prison term. Partin was the Government’s chief witness against him.
12The committee found no evidence to indicate that Hoffa was under electronic surveillance.
Page 179
The committee concluded, therefore, that the balance of the evidence argued that it was improbable that Hoffa had anything to do with the death of the President.
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(c) Summary and analysis of the evidence
The committee also believed it appropriate to reflect on the general question of the possible complicity of organized crime members, such as Trafficante or Marcello, in the Kennedy assassination, and to try to put the evidence it had obtained in proper perspective.
The significance of the organized crime associations developed by the committee’s investigation speaks for itself, but there are limitations that must be noted. That President Kennedy’s assassin and the man who, in turn, murdered him can be tied to individuals connected to organized crime is important for one reason: for organized crime to have been involved in the assassination, it must have had access to Oswald or Ruby or both.
The evidence that has been presented by the committee demonstrates that Oswald did, in fact, have organized crime associations. Who he was and where he lived could have come to the attention of those in organized crime who had the motive and means to kill the President. Similarly, there is abundant evidence that Ruby was knowledgeable about and known to organized crime elements. Nevertheless, the committee felt compelled to stress that knowledge or availability through association falls considerably short of the sort of evidence that would be necessary to establish criminal responsibility for a conspiracy in the assassination. It is also considerably short of what a responsible congressional committee ought to have before it points a finger in a legislative context.
It must also be asked if it is likely that Oswald was, in fact, used by an individual such as Marcello or Trafficante in an organized crime plot. Here, Oswald’s character comes into play. As the committee noted, it is not likely that Oswald was a hired killer; it is likely that his principal motivation in the assassination was political. Further, his politics have been shown to have been generally leftwing, as demonstrated by such aspects of his life as his avowed support of Fidel Castro. Yet the organized crime figures who had the motive and means to murder the President must be generally characterized as rightwing and anti-Castro. Knitting these two contradictory strands together posed a difficult problem. Either the assassination of President Kennedy was essentially an apolitical act undertaken by Oswald with full or partial, knowledge of who he was working for--which would be hard to believe--or Oswald’s organized crime contacts deceived him about their true identity and motivation, or else organized crime was not involved.
From an organized crime member’s standpoint, the use of an assassin with political leanings inconsistent with his own would have enhanced his insulation from identification with the crime. Nevertheless, it would have made the conspiracy a more difficult undertaking, which raises questions about the likelihood that such a conspiracy occurred. The more complicated a plot becomes, the less likely it will work. Those who rationally set out to kill a king, it may be argued, first design a plot that will work. The Oswald plot did in fact work, at
Page 180 least for 15 years, but one must ask whether it would have looked workable 15 years ago. Oswald was an unstable individual. Shortly before the assassination, for example, he delivered a possibly threatening note to the Dallas FBI office. With his background, he would have been an immediate suspect in an assassination in Dallas, and those in contact with him would have known that. Conspirators could not have been assured that Oswald or his companion would be killed in Dealey Plaza; they could not be sure that they could silence them. The plot, because of Oswald’s involvement, would hardly have seemed to be a low risk undertaking.
The committee weighed other factors in its assessment of Oswald, his act and possible co-conspirators. It must be acknowledged that he did, in the end, exhibit a high degree of brutal proficiency in firing the shot that ended the President’s life, and that, as an ex- marine, that proficiency may have been expected. In the final analysis, it must be admitted that he accomplished what he set out to do.
Further, while Oswald exhibited a leftist political stance for a number of years, his activities and associations were by no means exclusively leftwing. His close friendship with George de Mohrenschildt, an oilman in Dallas with rightwing connections, is a case in point. Additionally, questions have been raised about the specific nature of Oswald’s pro-Castro activities. It has been established that on at least one occasion in 1963, he offered his services for clandestine paramilitary actions against the Castro regime, though, as has been suggested, he may have merely been posing as an anti-Castro activist.
That the evidence points to the possibility that Oswald was also associated in 1963 with David Ferrie, the Marcello operative who was openly and actively anti-Castro, is troubling, too. Finally, the only Cuba-related activities that have ever been established at 544 Camp Street, New Orleans, the address of an office building that Oswald stamped on some of his Fair Play for Cuba Committee handouts, were virulently anti-Castro in nature.
Thus, the committee was unable to resolve its doubts about Lee Harvey Oswald. While the search for additional information in order to reach an understanding of Oswald’s actions has continued for 15 years, and while the committee developed significant new details about his possible organized crime associations, particularly in New Orleans, the President’s assassin himself remains not fully understood. The committee developed new information about Oswald and Ruby, thus altering previous perceptions, but the assassin and the man who murdered him still appear against a backdrop of unexplained, or at least not fully explained, occurrences, associations and motivations.
The scientific evidence available to the committee indicated that it is probable that more than one person was involved in the President’s murder. That fact compels acceptance. And it demands re-examination of all that was thought to be true in the past. Further, the committee’s investigation of Oswald and Ruby showed a variety of relationships that may have matured into an assassination conspiracy. Neither Oswald nor Ruby turned out to be "loners," as they had been painted in the 1964 investigation. Nevertheless, the committee frankly acknowledged that it was unable firmly to identify the other gunman or the nature and extent of the conspiracy. REPRODUCED AT TH£ ~A’f ONAL ARGMNES
October 18, 1973
Archibald Cox Special Prosecutor Watergate Special Prosecution Force 1425 K Street, N. W. Washington, D. C. Dear Mr. Cox: Regretfully, I hereby tender my resignation as a Special Government Employee and member of your staff, effective Friday, October 19, 1973. You will recall that on May 30, 1973 I joined your staff on the understanding I would stay as long as my other obligations permitted. I now find that the obligations of a family, including two young childre~ and a law practice in Nashville command my full attention. I hope I have made a contribution to your efforts and I will always treasure our relationship.
DECLASSIFIED The Harvard Crimson Online "" Opinion Page 1 of 4
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!Advanced Search Books Decision ~ ~oday’s Issue By T~A ~THBO~E In This Archive: 210 Pages $5.95 Article Options ~ Front Page IT SEEMS sometimes that a government’s ’ :" Email this article to a friend only job is to define the rules by which ~ Send a letter to the editor -¯ Print this article N ]Qpinion politics may be played. It seems that a democracy is another such government until that day when the public N Spots servant looks forward over his shoulder and sees the future, as Senator Charles Goodell did during the Carswell controversy: "My main point was [~ Magazine that Carswell could still be on the Supreme Court in the year 2000." On N rts such a day democracy distinguishes itself from other forms of government; when the crunch comes it allows for vision from below. At least that is what the Carswell rejection would have signified had it occurred in the fifties or even most ways into the sixties. But Carswell was nominated on February 19, 1970, only several weeks before the Cambodian incursion. Richard i ~/OnAir Harris’s Decision documents the Carswell debate. It is not an historical drama, not a Profile in Courage, but a reportorial thriller of seventy-nine days in the winter and spring of ’70. It is set in the same Senate with many ~ ~rchives of the same Senators who are presently refueling for a second fight with the SST.
!Corrections Carswell’s ineptitude, his racism, and his defeat are givens in Harris’s account of the debate. Decision is a chronicle of the Senate’s enlightenment. E-Digest That the distance between the senators’ political instincts and their final votes was never a straight line-it took Senator Brooke, for one, five weeks ~b Sp~i~!s to come around-constitutes the miracle. There are times when one wishes that Harris had pressed senators more closely on their individual http://72.14.207.104/search,9 q=cache:OUiZPfjrfBEJ:www.thecrimson.com/article.aspxo ~3... 5118/2006 The Harvard Crimson Online "" Opinion Page 2 of 4
~ ~bout THC revelations. What were the reasons behind Margaret Chase Smith’s "nay," for instance. Decision is a mosaic of the telephone calls, the speeches, the ~ Advertising cloakroom chats, the evidence and the gaffs that were mobilized against Carswell. ~ iContact [] Deliveries The sum total of the defeat seemed in the end to be the result of two major forces-the belief that if Carswell were to gain the seat the young blacks ~ Rights/Pe ~rn!_~issions would be confirmed in their mistrust of the system, and the bumbling of Nixon and his Attorney General, John Mitchell. Scratch the miracle, Harris implies, and the better part of Carswell’s defeat must be credited not to the indignation of the nation and its representatives, but to the Executive’s ~ _Alumni Website stupidity. Make a Donation AS IN THE Haynesworth case, the FBI and the Justice Department had I done a lousy job investigating Carswell. It was clear that his abilities as a The page ca~ judge were below average, that his balking on granting habeas-corpus petitions was a danger signal, and that his rudeness to civil rights workers The page you are Io< and blacks in court was inexcusable and pointed to a racist and anti- temporarily unavaila integrationist intent. In 1948 he had made a clearly white supremacist speech; in 1953 he had helped start a white-only fraternity, and in 1956 he had been the incorporator of the Tallahassee Golf Club, established for the Please try the follow purpose of circumventing the Supreme Court Decision of six months earlier prohibiting segregation in municipal recreation facilities. Carswell went ¯ Make sure th from the frying pan into the fire when in the Senate Judiciary Committee he browser is Sl: denied remembering that he played any part in the incorporation, having the ¯ If you reach~ night before privately acknowledged that the signature on the incorporation alert them th papers was his own. ¯ Click the Bac Up until the last moment, the White House thought they had it in the bag. HTTP Error 404 - Fil~ Where in Justice, Richard Harris’s book on the Justice Department, Nixon Internet Information and his ventriloquist Mitchell come off as Machiavellian, in the Carswell case harebrained better describes their style. John Mitchell reportedly thought Carswell "too good to be true"; Nixon studied the Constitution
Technical Informatio diligently and concluded, quite literally, that "it is the duty of the President to appoint and of the Senate to advise and consent." And Senator Hruska, a ¯ Go to Micros~ special friend of the White House, sat like Christopher Robin clutching his words HTTP Pooh bear on the step of mediocrity half way up and half way down the ¯ Open II$ I-le stair: "Even if he (Carswell) were mediocre, there are a lot of mediocre topics titled judges and people and lawyers. They are entitled to a little representation, Custom Err~ aren’t they, and a little chance?"
If Carswell and his inept PR men proffered the carcass, it was those who devoured and digested the bad news that turned his defeat from a must into a fact. Behind the scenes men and women like Mrs. Marian Edelman of the Washington Research Project and ,lames Flug, Senator Kennedy’s lawyer, and Morris Abram, Harvard ’71, gathered information and shoved it down the Senate’s throat. The press, most notably the Washington Post, the New York Times, the Washington Evening Star and the Atlanta Constitution, kept the issue in the public eye.
PAID The mail flooded in Senator Eagleton’s was running three to one against, http://72.14.207.104/search?q=cache:OUiZPfjrfBEJ:www.thecrimson.corn/article.aspx%3... 5/18/2006 ¯ The Harvard Crimson Online "" Opinion Page 3 of 4
ADVERTISING: thus giving him the go-ahead to vote Carswell down. A rash of civil rights Donate Car groups, grass-roots organizations, and labor unions came out against the judge. Judge Elbert Tuttle from Carswell’s Fifth District Court refused to Web Marketing testify on behalf of the nominee. The Chairmen, past and present, of the Weight Loss Pill American Bar Association and other members of the Legal Establishment Media Buying wrote a letter, the Rosenman letter, denouncing Carswell. A group of liberal Republicans not welcome on the White House doormat, the Wednesday Ltd. edition art & Club, egged one another on in their defection. A group of Columbia Law collectibles School students unearthed the sensational statistic that Carswell had been Best Student reversed in 40 per cent of his 15,000 decisions. And inside the Senate it was Credit Cards the Dump Carswell Movement headed up by Senator Bayh for the iambigbrother Domocrats and Senator Tydings for the Republicans that pulled the final North Cyprus levers. "It was fantastic," Johnson aid Joe Califano said. "Ordinarily most Estate Agent people in this town are reluctant to use up their credit with somebody unless some personal advantage is involved. But this time nobody cared about anything like that. Time after time, men said things like ’I want to help, but I didn’t know anything could be done. Just tell me what to do and I’ll do it’"
HARRIS FEELS that the Carswell affair had real bearing on the Cambodian incursion. That Nixon’s peevishness mounted sorely as a result of the Haynesworth and Carswell rejections and that the incursion was his way of showing the Senate and the nation "who’s boss" are unspoken conclusions. One Republican Senator admitted that without the Senate’s renewed confidence in its own powers it would never have tried to fight the invasion as much as it did.
Far-reaching analyses of the implications of the Carswell affair on Harris’s part are noticeably lacking. One feels not that Harris cannot decide what the decision augurs so much as he is hesitant to speak. On rereading the jeremiad with which he concludes Justice. it seems clear that he is afraid to speak for fear of what he will have to say. "Since it is the majority’s fear- fear of black men, fear of crime, fear of disorder, fear even of differences- that allows repression to flourish, those who succumb to their fears are as responsible as those who make political use of them. And in the end both will suffer equally. ’For they have sown the wind and they shall reap the whirlwind.’" Richard Harris, it seems, would add to this list of fears men’s fears of making decisions. For the Senate, the Carswell episode was a trauma in decision making. Senators fear the absence of politics. They fear a situation in which their decision would be based not on the dictates of politics, but drawn out of that fuzzy world of human merit. Decision making is a power that men shrink from. Men, and senators too, will go far afield in looking for the situation where the ay or nay is clear and one has only to follow. Repression is a siren with a loud wail and a jailer’s heart. Harris hears in the distance police sirens coming for America.
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JAN 1 1 I973
1. T’.~ 1.m’.X]~C,~I CIIE~:S: The Committee’.-, staff augZests that ’ ~ ~:~-.~-o a sizable contribution to ~ho. re-e!ectlon .. could invo!va violations of 18 U.S.C. 613. pr~na~ enforca=on~ jur!sdic~io~ over Sectlo= 613, ~d =hey have advined ~hat violaKiuns of tha~ Soc~ion are unlikely ~ributio~s inv~!vtn~ fore,in na~iona!~, bu~ only ~hlch the actual contributor falls ~Itbin ~h~ na~rc~ and ~echnical definition of "foreiEn ~ri~Icipai" or "~gen= o~ a forei£n principa!" contnlncd in ~h~ ~’orc£~,n Act. From the facts presented in t~e Committee’s reports ~d these developed through invcstizat~o~, conducted by this either of these definitions. Horcovcr, =s indicated in the Cormitte~’s Oc~cber 31 report, there is cvidenc~ t},a~ ~orican national(s), n,~d not OgnL’Yio, were re~ponsiblo fo~ the subjec~ contributicn, l:e are, ho~.:ever, p~c-~;~t~ly ccnduatioZ criminal Inv~stISuti~n~ into scvernl other a.~;puc~s of thi~ contribution, an~ ~.tu LOVC~ent ro %~ash~ngton. . /3.- ~.IE $25,000 I~DY~t~ CO:~PIB~ION: ~m ~nvc~ti~atlon ~,as conducted last f~l to d~tc~3~e uhether failure of the F~n~mce’ Co~ittce to P,c-El~c£ the Presid£nt r=port the $25,000 cash contr!bution ~hlch was delivered Kenneth Dahlbers In ~,i~:ll could invol~ vlola£ions of ~he reporting aud disclosure provisions of th~ 1971 ~edor~ Election affect!re as a ma~tcr ~f law. From =ha ovldence de~elop~d, wer~ forced to conclude that, for crlrdnnl purposes we could not prove thai. this con~ributlon had bean mad~ th~ Apri! ~ effective da£~ of the AcK, and accor~mKly wu have closed this ua~ter. ~. TttE $114,000 DEPOSIT TO ~E~A~ B~q~ER’S ACCOUNT: This mattor, too, ~:as ~x£enslvcly In~asti~ated to d~te~na whether tho d~posit of five checks ~o the checking accost of Be~ard Barker A~ocia~es an the F~pt~blic ~ation~ Br~k of ~ii~d o~ or about #~r!l 19, 1972, consti=u=ed an "expenditure" ~hn£ should have bc~n repor~£d pu:su~ to the Federa! Elec££o~ Campaign
t~)eso circunstances, ~¢o have conceded tha~ their deposit did not ~onsti~utc ~ "e::pcnd~urc’’ reportable ~der ~h~ Ac~. 5. TIlE RIDC~EDIJ.E NATIONAL BN~K C~AI~TER: After an exominntlon of ~he reports ~ubmi=~ed by your ~==%t=ee and by the ~cncral Acco~ing Offic~ concc~ing ~h~ a~ar~ of a natlon~ ~k =har~r to a group .o~f b~iness~.en headed by ~;ayne #mdre~ ~d Kcnne[h D~iberg, we have concluded tha£ there Is Insufficicn= evidence of a connection between =he a’;ard of d~is i~harter and ~he aforcnen=ioned political contribution made by 2mdre~ tu warr~= the ~nltlntlos of a erlmin~ ~nvest~gation by this Depart=on= .~ther ~mder the br~be~ statu=es or ~der 18 U.S,C. 600 (promise ~f 5enefi= for political activlty)~. 6. INACCUP~%TE PI~,~ORTS: Several fnstznees where trr;~s- actions reported by the Finance Committee to I’.e~lect the O= r~ports filed ~tll the Office of Feder~ Elec:i~ns, General A=eoun=ing Office, did no= =onfo~ =o b~k records are indicated ~n your CaP, tea’s report of Oa=oh~r 31. 1.~ile su=herrors constitute te=hn~cal violations of dee ~’eporting pro-~sions of the Yedar~ Elcc=icn C:~.paign Act, the .Office of Federal Elec~ion~ has t~en ~hc posi~icn that such errors should ~%ot ba referred =o Departmen= as "apparent’ " vlolatlo.~ " of the Act u~ti! th~ offcnd!n~ rectify them. Non= of t~e matters referred to i~ your repot= have ~£en rafarrc4 forcri=inai action at this ti=e. Should su~ a ~farral be ~de, we would, of course, make ~ approp~atc review thereof. ?. B/~’, ACCO~.IT I0:ON!TOP~I~G: The October 31 report al!cges that agents of the Co=..ni~tee for the Re~icction of the President- monitored the personal b~nk accoun~= of prc~ncn~ Democrats, includin~ so~e members of Congress, t6 ~sure,tha~ tho~c accounts were no~ being used to conduct il%egal cmzpai~:n financing. ~Iowever, the~e ~legations do not indicnte the ~ola=ion of any ~eder~ law.
8, PRE-APP~L 7 CONTRI.~UTIONS: The Co~.-=~-,ittec’s rcpor= of October 31 speculated ~hat $I ~n!llion in contributions made prior ~o April ~ ~ay hnve been f~:nneled i~to the c~sh fuad =ha£ was alleged to h~%’e been kcp~ in a shfc a~ the offices of ~hc Fiance Co~i~ae ZO Re-Elect the l’resldcn~ in U:’,shi~z~cn, We are presently conductin~ apprepriate inqui~, to determine ~:hether there have been any dis- bursements from this fun~ after April 7, 1972, the= were not reported by the Finance Ce~mittee on repor=s filed wid~ the Office of Feder=l Ele~ticns. REPRODUCEDA)THE~
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Z hope that the Infornation prov/ded herein will be helpful ~o you, and I uill be glad to discuss ~he~e ~.~t~ers fur~h~z wi~h you a~ your convenience.
FOIA(b)7 - (C) FOIA(b)3- 26 USC 6103 Page 1 of 1
Geoff Shepard
From: Waldon [[email protected]] Sent: Thursday, May 25, 2006 7:51 AM To: Geoff Shepard Subject: home again
Hi
I have just read your outline and have some thots that may enhance the writing experience. Overall looks great and will carry the reader to your conclusion. These are random thots and not very important--just impressions
To the extent possible, move the discussion of Hilary close to the beginning or discuss her participation in the conspiracy in the Intro. Timely and makes your story contemporary and not ancient.
Somewhere early on, you may wish to develop the theme that the nature of politics practiced in the Judical Branch is different than can be pursued otherwise. The Nixon team ignored or did not understand [naive and inexperience] this. It was business as usual in the rarifed atmosphere of presidential give and take but the game changed--and that different forum is where the President’s Men got in trouble.
Where do you discuss the impact of Nixon’s experience with the Hiss case? Seems a central point as it provided Mr Nixon with some practical experience with the criminal process and he relied on that experience over and over again.
By contrasting Liddy and Magruder, you pick two dramatically contrasting personalities. The only more dramatic example would be to throw goffy Howard Hunt into the mix. Liddy was truly amoral and Magruder had no governor on his moral compass because he had no experience in life to have formed such a governor. Here comes John Dean--a pretty face who exploited relatinships for his own advancement! Wow--a formula for disaster. This notion tells the story dramatically. Then putting Liddy and Hunt together with virtually no experienced attentive oversight [Bud was a great guy but over his head here] was like lighting a fuse and just waiting for the explosion! So for me, this becomes a key ’atmoshperic’ section.
As I read the ’Dean’ section, I was reminded that he was the father confessor for malfeasance within the staff. Remember, we were to report any problems to John!!!! And then, everyone kept notes [inc you] because everyone intended to write a book later. John used this postion to save his own bacon. I can picture meeting with everyone scribbling, scribbling, scribbling--all evidence and grist for the prosecutors mill--and conveniently placed in John’s possession, geez
I suspect you know this already--or at least know that I think this way, but you should devote lots of pages to explaining what you mean by conspiracy. If you do this, then the ’plot’ falls more nicely into place. Get definitional
Your conclusion can be broader than you ’outline’ I think the conspiracy dominates what we see as the political landscape today. Think outside the box as you ’close’
Furhter affiant saith not
Good luck
5/29/2006 Page 1 of 1
Geoff Shepard J
From: Waldon [[email protected]] Sent: Wednesday, May 31, 2006 10:16 AM To: Geoff Shepard Subject: chemistry
I was thinking about this on the way to town this morning Nothing too important but something for you to think about, thus this email.
During the Bobby Kennedy era, the place to be was as part of the Hoffa Squad. This group were the elite of the elite and where the action was. Bobby jumped over the bureacracy and each and every case was reviewed directly in his office. Those were heady times. During the Nixon era, associating with John Mitchell was the relationship to have. He was the prime minister and had access to Power. So did Bobby and Bobby also had a passion--getting Hoffa.
So what? you say Well the so what is that the best and the brightest in the criminal law field were grouped around Bobby and these relationships continue til today. Being part of that group does not a conspiracy make. What it makes is trust and fellowship and a bit of self serving arrogance.
This is why I encourage you to do a proffer. The exercise of reviewing evidence in the context of the conspiracy will help organize your thinking.
My point is too simple and I know you know this. You must show activities other than association relationships to prove the agreement element of the conspiracy. The relationships provide a foundation for the other evidence. But the relationship itself is not proof of anything other than these were a band of Hot Shot prosecutors turned defense counsel. Getting yourself in their heads is critical for a good story to be told Helping you do that is why I get the big bucks
Now I must work on my own publication which addresses group violence in early medieval england
5/31/2006 CNN.com - FBI: Tip on Jimmy Hoffa prompts search - May 17, 2006 Page 1 of 2
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FBI: Tip on Jimmy Hoffa prompts search Teamster boss last seen July 1975 at a Michigan restaurant
(CNN) -- FBI agents and local police were searching a Michigan horse farm Wednesday for the remains of former Teamsters union leader Jimmy Hoffa after receiving a tip about his disappearance, the agency said.
The search was being conducted in Milford Township, 30 miles west of Detroit. Police from nearby Bloomfield Township were assisting the FBI agents.
A federal law enforcement official speaking on condition of anonymity said the search is for Hoffa’s body.
Aerial footage from the scene showed at least 15 people outside a barn, most of whom were digging a rectangular hole. (Watch investigators dig for clues -- :53)
The agents and local police were looking for "evidence of criminal activity that may have occurred when the properties were under previous ownership," FBI agent Daniel Roberts said in a news release.
"The search warrant is based on a lead which is one of numerous leads received through the years following the disappearance of Mr. Hoffa on July 30, 1975," he said.
John and Deb Koskovich have lived on a neighboring property since 1985. When they saw the men digging next door, John Koskovich asked them what they were doing.
"They just said they were executing a search warrant," Deb Koskovich said.
John Koskovich said there have been reports over the years that Hoffa may be buried in the area, but "we just thought it was just another one of those crazy rumors," he said.
Hoffa was last seen at Machus Red Fox restaurant in Bloomfield Township. He was reportedly there to meet Detroit mob street enforcer Anthony Giacalone and New Jersey Teamsters official Anthony Provenzano~
Hoffa believed Giacalone had set up the meeting to help settle a feud between Hoffa and Provenzano, but Hoffa was the only one who showed up for the meeting, according to the FBI.
Giacalone and Provenzano later told the FBI that no meeting had been scheduled.
The FBI said Hoffa’s disappearance could have been linked to the union boss’s efforts to regain power in the Teamsters after he was released from prison.
After serving time for jury tampering and fraud at a federal penitentiary in Lewisburg, Pennsylvania, Hoffa was pardoned by President Richard Nixon on December 23, 1971.
Nixon included in the pardon a condition that Hoffa "not engage in direct or indirect management of any labor organization" until at least March 1980. http://cnn~w~r~dnews~printthis~c~ickabi~ity~c~m/pt/cpt?acti~n=cpt&tit~e=CNN~c~m+-+FB~~~~ 5/18/2006 CNN.com - FBI: Tip on Jimmy Hoffa prompts search - May 17, 2006 Page 2 of 2
Hoffa was 62 at the time of his disappearance.
In May 2004, authorities in Oakland County, Michigan, removed floorboards from a Detroit home and found blood that they thought might be linked to Hoffa’s disappearance. Milford Township is in Oakland County.
Authorities went to the Detroit home in 2004 after a biography of former Teamsters official Frank Sheehan stated that Sheehan shot Hoffa in the home, just beyond the front door.
Investigators ruled blood found in the house was not Hoffa’s. The FBI has a sample of his DNA.
Sheehan, who was considered a confidant of Hoffa’s, died in December 2003. Provenzano died in 1988 after being convicted in another murder case and Giacalone died of kidney failure in 2002 at age 82.
Hoffa’s son, James P; Hoffa, is the current president of the Teamsters.
Find this article at: http:llwww.cnn.com120061USlO51171hoffa.searchlindex.html
Check the box to include the list of links referenced in the article.
http://cnn.w~r~dnews~printthis~c~ickabi~ity~c~m/pt/cpt?acti~n=cpt&tit1e=CNN.c~m+-+FB~~~. 5/18/2006