| Book Reviews |

John Quincy Adams one of the greatest accomplishments in Clay secretary of state, John Quincy had U.S. history—the Monroe Doctrine— also signed his own political death war- By Harlow Giles Unger which was made possible in part by rant as President.” Da Capo Press, Boston, MA, 2012. 364 pages, understandings Adams had reached Adams’ presidency was overshad- $27.50. with British diplomats during his time owed by the controversy, and he did little abroad. Agreement with Great Britain to overcome it. There is irony in Adams’ on the northern boundary of the United presidency having been destroyed by Reviewed by Charles S. Doskow States was another of Adams’ major allegations of unethical conduct, as the accomplishments. Adams, as a family, had always regarded This compelling volume is a biogra- Monroe announced early during his themselves as models of probity. phy of a President in which the presi- second term that he would not seek a As President, Adams was perceived dency of the subject is the least interest- third, and the election of 1824 became as remote and hyper-intellectual. He ing part. John Quincy Adams (1767– a free-for-all. There being no party sys- was criticized for supporting Clay’s 1848) was one of only two Presidents tem, individual candidates jockeyed for “American System,” which called for the of the United States whose father served position. Adams was one of four candi- federal government to implement pro- as President. He lived a long and event- dates, his opponents being Sen. Andrew tective tariffs, internal improvements, ful life, but his term as President was Jackson, Secretary of the Treasury and a national bank, and which some less significant than some other epi- William Crawford, and Speaker of the viewed as an unconstitutional incursion sodes in his life. His one term (1825– House Henry Clay. The election gave into state power. Long interested in sci- 1829) was sandwiched between the Jackson a plurality but not a majority, ence, Adams attempted to legislate the Virginia dynasty of Jefferson, Madison, which, under the Twelfth Amendment, construction of observatories, but this and Monroe from 1801 to 1825, and threw the election into the House. effort became the object of derision. the “Jacksonian democracy” of 1829 Under the Twelfth Amendment, the After his presidency, Adams came to to 1837. Its chronological placement three candidates who received the most be regarded as being out of touch with might in any event have consigned it electoral votes participated in a runoff America. He never really understood that to historical insignificance, but in fact in the House of Representatives, with Jacksonian democracy had left the New the politics of the day crushed his presi- each state having one vote. Clay, having England public service ethic behind. dency before it began. run fourth, was eliminated, but, from The result was personal depression, and Adams’ service to his country began his position as speaker of the House, few accomplishments during his term of at age 10 in 1778. John Adams, who he controlled the Kentucky and Ohio office. The “Tariff of Abominations” in was then American envoy to France, delegations. Although Clay had been 1828 infuriated the South, and ultimately took John Quincy along as his sec- instructed by the Kentucky legislature to cost Adams re-election. Jackson won retary. Government appointments for support Jackson, he threw his support by a substantial margin, resulting in the the younger Adams continued intermit- to Adams. Adams, upon his election, birth of the Democratic Party. tently with few interruptions until his appointed Clay secretary of state. But there was a long last chapter. death at age 80. His accomplishments The appointment raised a storm Upon his return to Massachusetts, out and service bracket his presidency. of controversy. It was labeled a “cor- of office, Adams was prevailed upon to John and Abigail Adams were loving, rupt bargain” and cast an irreversible run for the House of Representatives in but demanding, parents. They expected pall on Adams’ presidency. Sen. John 1830. He rejected any party alliance and much of their son, both in terms of Randolph of Virginia called it “the coali- pledged to work for the good of the accomplishments and integrity, and he tion of Blifil and Black George ... the entire nation. met their expectations. His work abroad combination, unheard of till then, of the During Adams’ 17 years in Congress, as minister to Holland, Prussia, and Puritan with the Blackleg.” (Blifil and slavery, or limiting its expansion into Russia made him the young republic’s Black George are characters in Henry the territories, was an overriding issue most accomplished diplomat, and he Fielding’s novel Tom Jones.) and Adams was the most conspicuous later chaired the commission to end The public reaction to Adams’ appoint- public voice opposing it. Attacks on the War of 1812, which negotiated the ment of Clay was immediate, intense, him by Southern interests reached new Treaty of Ghent. and unforgiving. Jackson, expressing levels of vituperation. He presented Interspersed with this experience outrage, devoted himself to the destruc- petitions for abolition, even though the was one term in the Senate. When not tion of Adams’ administration. Congress House’s “gag rule” expressly prohibited in government service, Adams practiced cooperated by opposing virtually every such action, with supporters of the gag law, but it held few attractions for him, proposal of the administration. rule claiming that the First Amendment and he declined Madison’s offer to Clay and Adams had met before right “to petition the Government for a appoint him to the U.S. Supreme Court. the House vote. Whether they made redress of grievances” did not require Adams’ diplomatic experience as an express bargain has remained in Congress to accept such petitions. well as his pedigree made him James dispute, but the public at the time As the public face of opposition to Monroe’s obvious choice in 1817 to never had a doubt. According to Unger, be secretary of state. His work led to “Corrupt or not, in appointing Henry reviews continued on page 68

December 2012 | The Federal Lawyer | 67 reviews continued from page 67

slavery, Adams earned the enmity of the sent in Arizona v. United States (2012): We recognize that we are better for South, but he earned the approbation being a heterogeneous nation. But, if of the North and a level of popularity The Court opinion’s looming spec- anything tantamount to a national reli- that he had never previously enjoyed. ter of inutterable horror—“[i]f § 3 gion contributes to our collective identi- He returned to the courtroom briefly to of the Arizona statute were valid, ty, it is our devotion to the Constitution argue successfully in the Supreme Court every State could give itself inde- and its principles. Afrasiabi vigorously for the freedom of the Amistad slaves. pendent authority to prosecute fed- reminds us of that fact: When Adams died in 1848 after hav- eral registration violations,” ante, at ing a stroke on the floor of the House, 10—seems to me not so horrible A basic premise of this book is he was accorded the most extensive and even less looming. But there allegiance to the principle, rooted funeral since George Washington’s and has come to pass, and is with us in our Constitution, that a human’s Benjamin Franklin’s. Unger writes that today, the specter that Arizona and right to the protection and preser- there was “a collective outpouring of the States that support it predicted: vation of his or her liberty and life love and veneration the nation had A Federal Government that does is at least as important as a corpo- rarely seen.” not want to enforce the immigra- ration’s right to the protection and John Quincy Adams had his limita- tion laws as written, and leaves preservation of its property. tions. Albert Gallatin, the secretary of the States’ borders unprotected the treasury under Presidents Jefferson against immigrants whom those If we believe in that principle, then and Madison, found much to praise in laws would exclude. So the issue why, Afrasiabi asks, is the immigration him, but concluded that he lacked the is a stark one. Are the sovereign system so unjust? Why do “our consti- most essential quality: “a sound and cor- States at the mercy of the Federal tutional [Article III] courts ... protect our rect judgment.” Andrew Jackson’s biog- Executive’s refusal to enforce the property rights with highly developed rapher, Robert Remini, called Adams “a Nation’s immigration laws? and important legal structures,” whereas man of incredible political ineptitude.” our “political immigration courts ... do Nonetheless, Adams’ diplomacy was Why do emotions run so high when not afford the same basic protections crucial for the young republic, and, after people discuss immigration? Some peo- to human beings who are often in life a failed presidency, he became perhaps ple, such as Justice Scalia, perceive the and death situations”? Afrasiabi refers to our greatest former President. TFL immigration problem as being that we immigration court proceedings as “show give insufficient attention to securing trials” because they fail “to deliver justice Charles S. Doskow is dean emeritus and our borders and enforcing our immigra- through the promise of due process and professor of law at the University of La tion laws, thereby failing to ensure that instead often sacrifices critical human Verne College of Law and a past presi- people not be rewarded for breaking life and liberty interests in the name of dent of the Inland Empire Chapter of the those laws, especially in our post-Sept. efficiency or expediency to the system.” Federal Bar Association. 11 world. Others decry the current Afrasiabi writes glowingly about an system’s lack of humanity, as it forces immigration system in place years ago Show Trials: How Property Gets many to live in the shadows, subject to that relied on our constitutional courts More Legal Protection than various forms of exploitation or “pro- to rectify the errors of immigration People in Our Failed Immigration cessing” by a legal system more akin to authorities. He cites Yamataya v. Fisher, a sausage-making factory than to one 189 U.S. 80, 98-102 (1903), which System based on due process of law. involved a Japanese immigrant deemed By Peter Afrasiabi Within this swirling maelstrom, Peter a pauper or likely to become a pub- Envelope Books, Ltd., New York, NY, 2012. 246 Afrasiabi’s Show Trials: How Property lic charge and ordered deported. The pages, $20.00. Gets More Legal Protection than People in Supreme Court held that she could not Our Failed Immigration System, strives be deprived of her liberty to live in the to provide some perspective. Now a United States without an opportunity Reviewed by R. Mark Frey lecturer at the University of California- to be heard. Later, in Bridges v. Wixon, Irvine Law School, Afrasiabi previously 326 U.S. 135, 152-155 (1945), Afrasiabi Wanna create a commotion? Get peo- founded and managed an appellate law notes, the Supreme Court found that ple’s blood a-boilin’ to the point where clinic at Chapman University School of deportation “visits a great hardship on they shake their clenched fists in anger, Law in Orange County, Calif., where he the individual and deprives him of the threatening to teach you a thing or two? and his students litigated many immi- right to stay and live and work in this Then proclaim to a throng of people that gration cases. Show Trials outlines the land of freedom. ... Meticulous care our immigration system is in fine form problems of our country’s immigration must be exercised lest the procedure by and best left alone. Mattering little if the system and tells the stories of some of which he is deprived of that liberty not group is comprised of those who may be the victims of the system’s inequities. meet the essential standards of fairness.” of a conservative bent or left of center, In our better moments, we Americans What happened to the fundamental you can be sure that pandemonium will embrace and celebrate the diversity of role of our constitutional courts and break loose. Consider, for example, a our ethnicity, religion (or lack thereof), respect for due process during the inter- comment from Justice Scalia’s heated dis- country of origin, gender, and so forth. vening years? Why the erosion of these

68 | The Federal Lawyer | December 2012 rights? Why is the immigration system Act that has languished in Congress, gration judges. He recommends instead now more akin to a plunge down the although the Obama administration, in a system providing awards of attorneys’ rabbit hole in Alice’s Adventures in June 2012, developed a DREAM-like fees that would enable attorneys to take Wonderland where, as Afrasiabi writes, program that allows children brought fewer cases, devote more time to each, “up is down and back is front, a world to the United States at a tender age and commit fewer errors. An indirect where you run in circles without ever to come out of the shadows and both result of such a system might be that the getting to the heart of the issue, and obtain work authorization and pursue government would exercise its prosecu- a world where terrible sentences are an education. Curiously, this action by torial discretion more carefully in desig- imposed for trivial mistakes”? President Obama was subject to the nating people for removal. Congress implemented harsh changes scorn of Justice Scalia as an aside in his Afrasiabi presents a list of recom- with the Illegal Immigration Reform dissent found in the aforementioned mendations to improve the immigration and Immigrant Responsibility Act of Arizona v. United States. system. It includes developing an immi- 1996 (IIRIRA) and the Antiterrorist and Afrasiabi does not pull his punches gration judiciary comprised of consti- Effective Death Penalty Act of 1996 when taking on government attorneys. tutional judges, bringing back constitu- (AEDPA). IIRIRA replaced a form of relief He laments a winner-take-all attitude tional court review of immigration judge known as Suspension of Deportation by those working in the Department decisions, using mediation, providing with Cancellation of Removal, making of Homeland Security’s Immigration an attorney to those who cannot afford it significantly harder for a noncitizen to and Customs Enforcement (ICE) as one, and allowing awards of attorneys’ prove hardship when fighting removal well as the Department of Justice’s fees. Although immigration proceedings (also known as deportation or exclu- Office of Immigration Litigation (OIL). are civil in nature, Afrasiabi is adamant sion) and, even more importantly, mak- He reminds us that, in a speech deliv- that removal is equivalent to punishment ing it virtually impossible for constitu- ered to Department of Justice attorneys under our criminal laws. As such, similar tional courts to review an immigration in April 2009, Attorney General Eric protections must be in place. judge’s decision by removing the right Holder emphasized that: Afrasiabi has written a good book! to appeal under section 106a of the It confronts and engages us to grapple Immigration and Nationality Act. Your job is not to win cases. Your with these important and timely issues. AEDPA, passed after the Oklahoma job is to do justice. Your job is in Although I empathize with his frustra- City bombing of 1995, restricted access every case, every decision that tion, I am reluctant to condemn the both to constitutional court review of you make, to do the right thing. immigration judges, government attor- deportation hearings involving nonciti- Anybody who asks you to do neys, and private bar as the source of zens convicted of aggravated felonies something other than that is to be the problem. The problem is systemic in (as defined under federal immigration ignored. Any policy that is at ten- nature and cries out for comprehensive law) and to habeas relief. sion with that is to be questioned immigration reform. Not radical reform, The new reality, according to and brought to my attention. And just precise and focused change. We Afrasiabi, is a system where “a political I mean that. need to return to a system that allows appointee immigration judge is allowed for nuance, exercise of discretion by to decide that a deportation is perfectly The government now appears to be immigration judges, encouragement of acceptable notwithstanding the grave adhering to this policy, as recent months prosecutorial discretion by government factual circumstances that such a depor- have witnessed administration directives attorneys, and more fully developed tation will inflict on a person’s liberty to exercise prosecutorial discretion by federal court review. and perhaps life, and that immigration prioritizing removals in order to more This nation is based on the notion judge’s decision is forever insulated effectively use existing resources. that immigrants are its lifeblood, provid- from the sunlight and scrutiny of a con- And, what of the private immigration ing a constant source for renewal and stitutional court.” bar? Although Afrasiabi acknowledges revitalization through the introduction All the more remarkable is the fate that its members are overworked and of new ideas, values, and perspectives of family members of those facing underpaid, he blasts their incompetence on the world. Let us hope that our removal, especially children, whether for leaving their clients in the lurch with nation’s leaders will finally recognize they are holders of U.S. citizenship or little or nothing to show for the money that we need comprehensive immigra- have no immigration status. In either they paid for their legal services. In fact, tion reform to ensure that we have a case, Afrasiabi argues, the system sub- according to Afrasiabi, many immigra- just and orderly immigration system. TFL jects children to deportation for some- tion practitioners have been disbarred or thing in which they played no part. face suspension. And why is that? The R. Mark Frey is an attorney based in “Our elected officials have not passed clientele simply do not have the finan- St. Paul, Minn. He has practiced im- any laws to protect either category of cial resources to adequately compensate migration law for almost 25 years with children from the harsh realities of the their attorneys, leaving them to take on an emphasis on political asylum, fam- deportation that they suffer. Children in too large of a caseload with too few ily immigration, removal defense, and each group are either routinely deport- hours devoted to each. But, the answer naturalization. ed by our government along with their is not, according to Afrasiabi, to increase parents, or lose a parent to deportation the amount of pro bono work by attor- and suffer a broken family.” (Afrasiabi neys. That would be simply unrealistic is referring, of course, to the DREAM given the volume of cases before immi- reviews continued on page 70

December 2012 | The Federal Lawyer | 69 reviews continued from page 69

America’s Soul in the Balance: Japanese-Americans. It is unclear exact- Eisenhower: The White House The Holocaust, FDR’s State De- ly how much FDR knew about the Years partment, and the Moral Disgrace Nazi attempt to exterminate the Jews By Jim Newton of an American Aristocracy and when he knew it; but what is emi- nently clear is that State Department Doubleday, New York, NY, 2011. 451 pages, By Gregory J. Wallance diplomats deliberately squashed the $29.95. Greenleaf Book Group, Austin, TX, 2012. 320 nightmarish news from Europe and pages, $26.95. were largely successful in their battle with the Treasury Department lawyers. Reviewed by John C. Holmes Although Roosevelt approved the res- Reviewed by Elizabeth Kelley cue of 70,000 Romanian Jews and a few Relying partly on newly discovered others, he could have done far more and declassified documents, veteran In America’s Soul in the Balance, and could have acted earlier. journalist Jim Newton paints a realistic Gregory J. Wallance, a partner at New Wallance takes us beyond the statis- but sympathetic picture of Dwight D. York firm Kaye Scholer, tells the story tics of suffering by telling the story of Eisenhower as a hard-nosed President. of a chapter of American history that Ruth—a little girl from Romania who lost Newton’s portrait of Eisenhower goes too few know. He describes the battle her entire family and braved unspeak- well beyond the common one of a in 1943 between four lawyers in the able horrors in order to survive. Today, friendly and benign grandfather figure Department of the Treasury and dip- she lives in Florida and is the author who was as much interested in golf and lomats at the Department of State. The of Ruth’s Journey: A Survivor’s Memoir, bridge as in the presidency. Not only did Treasury Department lawyers were out- published in 1996. Wallance alternates Eisenhower reportedly have a temper raged at the diplomats’ suppression of the story of Ruth with the chronicle of that could cause “the varnish ... to peel graphic, unimpeachable reports of the the battles in FDR’s administration. off the desk,” he also had a devotion Holocaust and their blocking the res- Indeed, it was the story of anoth- to duty and a first-rate mind that have cue of European Jews. None of the er little girl much like Ruth who slowly led historians regularly to place lawyers or diplomats involved were inspired Wallance to research and write him among the top 10 U.S. Presidents. Jewish, although the lawyers worked American’s Soul in the Balance. He dis- “Ike,” as he was nicknamed early in under Secretary of the Treasury Henry covered correspondence of Otto Frank, life and continued to be called when Morgenthau Jr. (the father of former Anne Frank’s father, requesting a visa he was President, was born in Texas in Manhattan district attorney Robert M. to enter the United States. That led 1890, the third of six boys. Soon after, Morganthau), who was Jewish. But Wallance to wonder why a seemingly the family moved to Abilene, Kansas, Morganthau, because of his loyalty benevolent country did not do more to where they lived modestly, “most of to and fear of President Franklin D. stop the slaughter of six million Jews. the boys sharing bedrooms in decid- Roosevelt, was reluctant to join the fight. America’s Soul in the Balance shows edly tight quarters.” Ike and his broth- The State Department diplomats that there is no simple answer to that ers helped with the family vegetable were members of the upper crust, East question. Nonetheless, in an era when garden, oversaw a small flock of chick- Coast elite, and Wallance spends a good genocide and crimes against humanity ens, milked the family cow, tended the deal of time describing the worlds from still persist, we must continue to ask orchard, washed dishes and clothes, which they came. Particularly thorough it. TFL and learned to cook. Eisenhower com- are his examinations of elite private peted with his talented brothers, all boarding schools—Exeter, Groton, and Elizabeth Kelley is a criminal defense of whom would be successful in their St. Paul’s—and how these rarified envi- lawyer based in Spokane, Wash. She careers. He loved the outdoors as well ronments shaped the world views of has a special commitment to represent- as baseball, football, and boxing, and, their graduates. Living in an aristocratic ing individuals with mental illness and as a middle child, he developed the bubble, they were imbued with Anglo- developmental or intellectual disabili- ability “to navigate between powerful Saxon exceptionalism and tended to ties who are accused of crimes. She has forces.” He had a stubborn disposi- be anti-Semitic, if not virulently so. The served two terms on the board of the tion, but he “acquired an enduring and Treasury Department lawyers consid- National Association of Criminal De- endearing folksiness.” He was bored ered the diplomats to be effectively war fense Lawyers, has served as the chair with his studies and “gave bare indica- criminals and accomplices of Hitler. of the Mental Health and Corrections tion of [his] potential in his early years.” Central to the story is FDR, a com- Committees, and is currently the chair plex man who saved this country from of the Membership Committee. She The Military the ravages of the Great Depression and hosts two radio shows, Celebrity Court Eisenhower came in second in the led it to victory in World War II, but who and Celebrity Court: Author Chats. examination for West Point, and he was as politically calculating as he was She can be contacted at ZealousAd- attended school there from 1911 to 1915. [email protected]. Her interview with charming. The same FDR who befriend- As in high school, he was a modest stu- Gregory Wallance is available at tobtr. ed and comforted the nation during dent and played football. Infractions that com/s/3575221. fireside chats was also the FDR who he committed, such as failing to keep his authorized the internment of 110,000 barracks tidy or to show up on time for

70 | The Federal Lawyer | December 2012 parades or meals, earned him enough money favored Sen. Robert Taft (son Eisenhower was burdened by demerits to qualify him as one of the of President and Chief Justice William the actions of his fellow Republican, “century men” who had to spend more Howard Taft) to be the Republican Wisconsin Sen. Joseph McCarthy, who than 100 hours marching off penalties. nominee, but Eisenhower bested him had made it his mission to derail the He finished 66th in a class of 168. and chose the 39-year-old Sen. Richard careers of federal employees, Hollywood In 1916, Lt. Eisenhower married M. Nixon as his running mate. actors, and others whom he suspect- Mamie Dowd, whose father owned a The campaign ran into trouble when ed, often without evidence, of being highly successful meat-packing business. the press reported that Nixon’s support- Communists. In 1953 and 1954, the Despite frequently being separated from ers had supplemented his government subcommittee that McCarthy chaired— Mamie because of his duties, Eisenhower salary with a fund for political expens- the Permanent Subcommittee on was a devoted husband. The only major es. Leading Republicans insisted that Investigations—held 169 hearings, at difficulty in their marriage was the well- Eisenhower drop Nixon from the ticket, which it questioned 653 people, 83 publicized relationship that Eisenhower but Eisenhower maintained his silence, of whom, on constitutional grounds, had with Kay Summersby, his driver forcing Nixon to fight for himself. Nixon refused to answer questions about sub- during World War II. Newton goes into did so with his famous Checkers televi- versive activities. Eisenhower refused substantial detail about this relationship sion speech. Despite this distraction, repeated calls to confront McCarthy and its effect on Mamie, concluding Eisenhower won an easy victory over directly, saying privately that “nothing that, “[w]hether or not the relationship the cerebral Democratic senator from would please him [McCarthy] more than between Ike and Kay was romantic, it Illinois, Adlai Stevenson. to get the publicity that would be gen- was undeniably affectionate.” erated by a public repudiation by the With an honest, open, and sincere The Presidency President,” and that he, Eisenhower, did personality, as well as an ability to “Before appointing his cabinet,” not want to “get down in the gutter with understand military tactics and organi- Newton writes, “Eisenhower created that guy.” Eisenhower’s cautiousness zation, Eisenhower gained the respect a position that redefined the modern paid off, as the Army-McCarthy hearings of his fellow officers and rose rap- presidency. ...” It was “assistant to the in 1954 exposed McCarthy as a reckless idly through the ranks, serving in the President,” today known as “chief of and dishonest bully, the Senate censured 1920s and 1930s under generals such as staff,” but Eisenhower “avoided creating him, and McCarthy’s influence was gone. Fox Conner, John J. Pershing, Douglas that title, for fear it would seem too mili- Eisenhower quipped that McCarthyism MacArthur, and George Marshall, and tary.” The job went to the austere New was now “McCarthywasm.” becoming a brigadier general himself Hampshire governor Sherman Adams. Although he appeared a model of in 1941. He was a friend and admirer Adams received high marks for his work, integrity and was blessed with a smiling of Gen. George Patton’s, but when but he was pressured to resign in 1958, countenance that seemed to confirm Patton visited a hospital and egregiously after a House subcommittee revealed that he was, in 1953, Eisenhower joined slapped and threatened men who were that Adams had accepted a vicuña coat Winston Churchill in approving the suffering from battle fatigue, Eisenhower for his wife from a Boston textile manu- overthrow by the CIA and the British wrote to Patton that he, Eisenhower, facturer who was being investigated by MI5 of the democratically elected prime could not “excuse brutality, abuse of the the Federal Trade Commission. minister of Iran, Mohammad Mossadegh, sick, nor exhibition of uncontrollable Secretary of State John Foster Dulles, who had nationalized Iran’s oil industry, temper in front of subordinates.” who had served Presidents from Wilson which had been under British control. In 1944, Eisenhower was appoint- to Truman, was Eisenhower’s best- Mossadegh was replaced by the Shah ed supreme commander of the Allied known cabinet appointee. Among his of Iran, who, Newton writes, was “loyal Expeditionary Force. He was in charge other appointees were Oveta Culp and beholden to the United States.” of a secret plan that landed 160,000 Hobby, the second female cabinet Eisenhower acknowledged that defeat- Allied troops in Normandy, France, on member and the first in a Republican ing “Russian intentions and plans in that D-Day—June 6, 1944—and, though the administration, as well as Ezra Benson, area” was a major factor in his approv- invasion cost many lives, it was a suc- an apostle of the Mormon church. ing the overthrow. cess. Exercising diplomacy and stead- In his presidential campaign, The following year, Eisenhower fastness to unify the often-quarreling Eisenhower had promised to lead the again resorted to covert action by hav- Allied commanders, Eisenhower was nation “toward prosperity without war,” ing the CIA overthrow the president also successful in overseeing Germany’s and he worked to fulfill this promise. of Guatemala, Jacobo Arbenz Guzman, defeat and unconditional surrender. By submitting significant cuts in federal because of his Communist connections. expenditures, he paved the way for the Newton writes that “Eisenhower was not Politics first balanced budget in a generation. wrong to spy Communist influence in Both the Democratic and the Republic And, in 1953, Eisenhower ended the Guatemala, but he misapprehended both Party sought to enlist Eisenhower as its Korean War, which had begun in 1950 its extent and its relationship to Moscow.” candidate for President in 1952. Having under President Truman, even though, On the domestic front during his had no political experience and a Newton writes, South Korean president busy first term, Eisenhower appointed low opinion of politics, Eisenhower at Syngman Rhee “could never be satisfied California Gov. Earl Warren, whom he first demurred, but eventually agreed with the partition of his country, and he considered a moderate, as Chief Justice to seek the Republican candidacy. continued to harangue Eisenhower to Newton writes that the smart political support a war for reunification.” reviews continued on page 73

December 2012 | The Federal Lawyer | 71 Alain E. Boileau Ethan L. Don Hon. Wayne R. Iskra Wesley D. Merillat Caitlin F. Saladrigas Robert J. Booth II Frederick J. Dorchak Hon. Brian A. Jackson Anne-Marie Mitchell David Samuels Hon. James J. Brady Julie A. Droessler Christopher W. James Carlos A. Morales Cardona Daniel L. Scott Ann Marie Brodarick Paul C. Dworak Lon A. Jenkins Jennifer Mountcastle Richard A. Sharpstein Jeffrey Brooks Robert W. Dziech William J. Judge Jr. Stephanie N. Murphy Robin Shea Jonathan E. Buchan Hon. Sherry R. Fallon J. Steven Justice Zachary J. Murry William J. Sheaffer Eileen Burrowes Victoria A. Ferrer-Kerber Allison O. Kahn Lt. Maya A. Nair Henny L. Shomar Edward J. Callaghan Jonathan A. Fleischman Dr. Athina Karamanlis Powers Keena N. Newmark Jason B. Shorter Nicholas H. Callahan David H. Flint Heather Karrh Michelle L. Nichols J. Scott Slater Alexander Campbell Domon A. Frangos Col. Charles J. Keever Erin J. Oglesby Barbara Q. Smith Andrew A. Casey Jorge Galiber David M. Keyzer Brian P. O’Meara George H. Soltero Michael Cedillos Matthew T. Gensburg Michelle L. Kimbril-Parks Roberta C. Opara Elizabeth A. Spurgeon Alejandro J Cepeda-Diaz Keren E. Gesund Thomas W. Kirchofer Kevin J. O’Shea Andrew C. Storar Dani N. Cepernich Maria Ligia Giraldez Sherry A. Knutson Stanley J. Panikowski Heath P. Tarbert Eric S. Charleston MacDonald H. Goode Michelle Kranz Donna T. Parkinson Jason N. Thelen Francis A. Citera Seth P. Green Leanna L. Lalla Steven Pollack Olin Thompson Christian Clapp Alais L. Griffin Rebecca Larson Dimitri Portnoi Macie D. Tuiasosopo Ian M. Clark Traci Guariniello John H. Lassetter Brett J. Preston Nicholas M. Tyler John R. Climaco Brian L. Guillot Charles B. Leuin William D. Prince Svetlana Uimenkova Sarah Clouse Gretchen L. Gurstelle Blake A. Levine Jacqueline Pruitt Philip S. Van Der Weele Bradley Coburn Sandra P. Hagood Nicholas R. Lewis James E. Quander Jr. Amelia Vance Michelle N. Comeau Gene A. Hamm Heather S. Lonian Nancy B. Rapoport Manoj S. Varghese Christopher J. Cox John K. Harms David L. Luikart III Sarah K. Rathke Michael F. Walther Michael R. Croteau Brian R. Harris James P. Madigan Kevin P. Ray Charlotte Wasserstein Landis V. Curry III Douglas W. Heim Maria L. Markakis Michael E. Reyen Sharonda R. Williams Michael P. Daly Matthew C. Hicks Lucille Marques Booth M. Ripke David K. Willingham Angela J. Davis Samuel G. Hill Gregory J. Marshall Patrick Risch Jonathan D. Wilson John S. Davis Noah G. Hillen Pamela G. Martini Lori M. Ritter Sarah E. Yates Paul A. Del Aguila Amanda C. Hines Joseph O. McAfee Phillip R. Robinson Timothy J. Young John E. Delaney John Hofstetter Jon McCormack Susan C. Roney Chelsea A. Zimmerman Tony Diab Hon. Ellen L. Hollander Scott D. McDonald Rebecca Rosenthal Elena Zlatnik Natalia C. Diaz Edward C. Hopkins John L. McManus Gary B. Rudolph Erica K. Zunkel Hon. Douglas D. Dodd Matthew Hundley Leane Capps Medford George L. Russell III reviews continued from page 71 upon Fred Vinson’s death. In 1954, and, in 1960, the two dealt with the and that Eisenhower as President had Eisenhower was unprepared for the U-2 incident, in which the Soviets shot his share of foreign and domestic crises unanimous ruling in Brown v. Board down an American spy plane and cap- to deal with, and he dealt with them of Education. Raised in rural areas tured the pilot. well. Newton concludes: where blacks were nearly nonexistent One of Eisenhower’s accomplish- and serving in a segregated military, ments that he was most proud of was He was a good man, one of integ- Eisenhower had not thought much the national highway system. He also rity and decency. ... Ike’s patient about civil rights, and he usually desired initiated an “Atoms for Peace” program, pursuit of progress, his faith in his to avoid confrontation. Nevertheless, which promoted the use of nuclear subordinates, and his rejection of he signed the Civil Rights Act of 1957, power for peaceful purposes. On Jan. doctrinaire partisanship combined which made it a crime to interfere with 17, 1961, in his farewell address as to produce an American triumph the right to vote, and he sent federal President, he warned against the dan- in the two great challenges of his troops to Little Rock, Ark., to integrate gers of the military-industrial complex. epoch: black Americans secured the city’s public schools. Eisenhower was unhappy to see the the right to join the society that once On Sept. 24, 1955, shortly before next President, John F. Kennedy, brush enslaved them, and all Americans he turned 66, Eisenhower suffered a aside his accomplishments and proclaim outlasted Soviet Communism with- severe heart attack that left him hospi- in his inaugural address “that the torch out a war of annihilation to defeat talized for weeks and low in energy for has been passed to a new generation it. As Ike understood better than months. Speculation arose as to his fit- of Americans—born in this century.” those around him, peace gave ness and desire to serve a second term, Thus, it was with a tinge of sadness as America time. In the fullness of but he successfully ran for re-election, well as relief that Eisenhower, age 70, that time, America fulfilled the again with Richard Nixon as his running retired to his home in Gettysburg, Penn. destiny its founders imagined for it. mate and again with Adlai Stevenson as On Mar. 28, 1969, weakened by another Dwight Eisenhower left his nation his Democratic opponent. Eisenhower heart attack and abdominal surgery, freer, more prosperous, and more had his hands full in 1956, facing not Eisenhower said to his son, “I want to go. fair. Peace was not given to him; only a presidential election, but also God take me.” He died three hours later. he won it. TFL the Soviet invasion of Hungary and the Suez crisis. Throughout his second Conclusion John C. Holmes was an administrative term, Eisenhower had to deal with the In Eisenhower: The White House law judge with the U.S. Department of mercurial and belligerent Soviet leader Years, Jim Newton brings to life a Labor for more than 25 years, and he Nikita Khrushchev. In 1958, Eisenhower genuine American hero, who has often retired as Chief ALJ at the Department stood up to Khrushchev’s ultimatum to been honored more for his military of Interior in 2004. He currently works remove U.S. troops from West Berlin career than for his presidency. Newton part-time as an arbitrator and consul- within six months. In 1959, Eisenhower shows, however, that the reputation of tant; enjoys golf, travel, and bridge; and met with Khrushchev at Camp David, 1950s as staid times are exaggerated, can be reached at [email protected].

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