THE HONORABLE GERHARD A. GESELL U.S. District Court for the District of Columbia Oral History Project The Historical Society of the District of Columbia Circuit Oral History Project United States Courts The Historical Society of the District of Columbia Circuit District of Columbia Circuit The Honorable Gerhard A. Gesell U.S. District Court for the District of Columbia Interviews conducted by: John G. Kester, Esquire December 27, 1991 TABLE OF CONTENTS Preface ................................................................ i Oral History Agreements Honorable Gerhard A. Gesell .........................................ii John G. Kester, Esq. ............................................... iii Biographical Sketches Honorable Gerhard A. Gesell .........................................v John G. Kester, Esq. ............................................... vi Oral History Transcript of Interview on December 27, 1990 ......................1 Index ............................................................... A1 Appendices: 1. The Individual Calendar Some Comments Re: Chronology of District Court Individual Calendar Reform 2. Student Riots 3. Lorton Youth Center II 4. House Committee on Internal Security 5. Pentagon Papers 6. Watergate 7. Sirica - Watergate 8. The Statute of Liberty July 3, 1986 Naturalization Proceeding 9. McCabe 10. Interview by Karen Average and Lisa Douglas of Judge Gesell for Circuit Newsletter, February 1991, as edited by Judge Gesell 11. Comment 12. Judge Gesell's Law Clerks 13. My "Jealous Mistress" 1932-1984 by Gerhard A. Gesell 14. Presentation of the Edward J. Devitt Distinguished Service Award NOTE The following pages record interviews conducted on the dates indicated. The interviews were electronically recorded, and the transcription was subsequently reviewed and edited by the interviewee. The contents hereof and all literary rights pertaining hereto are governed by, and are subject to, the Oral History Agreements included herewith. © 1998 Historical Society of the District of Columbia Circuit. All rights reserved. PREFACE The goal of the Oral History Project of the Historical Society of the District of Columbia Circuit is to preserve the recollections of the judges who sat on the U.S. Courts of the District of Columbia Circuit, and judges’ spouses, lawyers and court staff who played important roles in the history of the Circuit. The Project began in 1991. Most interviews were conducted by volunteers who are members of the Bar of the District of Columbia. Copies of the transcripts of these interviews, a copy of the transcript on 3.5" diskette (in WordPerfect format), and additional documents as available – some of which may have been prepared in conjunction with the oral history – are housed in the Judges’ Library in the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. Inquiries may be made of the Circuit Librarian as to whether the transcript and diskette are available at other locations. Such original audio tapes of the interviews as exist as well as the original 3.5" diskettes of the transcripts are in the custody of the Circuit Executive of the U. S. Courts for the District of Columbia Circuit. The oral history interview of Judge Gerhard Gesell, conducted in December 1990, covers his career up to the time of his appointment and confirmation to the United States District Court for the District of Columbia. Included as appendices to the oral history are several short memoranda written by Judge Gesell as background material for a history of the Courts of the District of Columbia Circuit. Many of these documents have been included in Judge Gesell’s collection of papers, which have been donated to the Library of Congress. Also attached as appendices are a copy of “My Jealous Mistress, 1932-1984,” written by Judge Gesell in l984, a copy of the transcript of the presentation of the Edward J. Devitt Distinguished Service Award to Judge Gesell on May 16, 1990, and several additional documents from Judge Gesell’s collection of papers. i Historical Societv of the District of Columbia Circuit Agreement 1. In consideration of the preservation of the Narrative Prepared by the late Judge Gerhard A. Gesell and tapes of the December 27, 1991 interview by the Historical Society of the District of Columbia Circuit, Washington, D.C. (hereinafter "the Society") on which the Narrative was based (hereinafter "the materials"}, the undersigned, as both executor and a residuary beneficiary of the estate of the late Gerhard A. Gesell, does her�by grant and convey to the Society, its successors and assigns, the ownership of the materials except as otherwise provided herein. The undersigned grants and conveys to the Society all right, title, and interest in the materials and their content, including literary rights and copyrights. 2. These rights have not been previously conveyed, assigned, encumbered or impaired by the undersigned. 3. It is agreed that access to the materials shall be in accordance with the direction and control of the Society and subject to terms to be set by the Society. The Society is hereby authorized, subject to the above and to any exceptions contained herein, to duplicate, edit, publish, or permit the use of the materials in any manner that the Society considers appropriate, and any claim to royalties from such use is hereby waived. 4. The undersigned reserves for herself and her children, Patricia P. Gesell and Peter G. Gesell, the right to use or authori,ze the use of and access to the materials and their content as a resource for any book, pamphlet, article or other writing by any person designated by the undersigned or either of her said children. Marion P. Gesel AC � EDQED before me this day of �,Sl � . -C.'-'-/';:f��_,,-r�'-=���1�-----' 1994. My commission expires----,-�-�,/,,..... ,f;�-�-'--�-�L'---�'�·-..J-f------ _,,/ll_// L! ACCEPTED: yl\ � Date: .5//3/9� � President Historical Society of the District of Columbia Circuit Schedule A I Tape recording(s) and transcript resulting from ______ ,1,1 1 1 /1 r ( number) interviews of �rh� •rr - rHreu on the {interviewee) following dates: 'j1·,:eJ,,.,, 27, I�'!( Historical Society of the District of Columbia Circuit Agreement l. In considei:-ation of the recording an,d__preservation of the oi:-al history memoir. prepai:-ed by �t,,,,._.,J (>J's-,.# and me, by the Histoi:-ical society of the District of Columbia Circuit, Washington. D.C., its ,�ployees and agents (hereinafter "the Society") I. ___::7<,t; .._ (i.. t:.,.r/4.,, do hereby grant and convey to the society, its successors and assigns, the ownership of the tape recordings and transcripts of interviews as described in Schedule A hereto. I also grant and convey to the Society all right, title, and interest .I might have in such tapes, transcripts and their content, including literary rights and copyrights. All copies of the tapes and transcripts are subject to the same restrictions. 2. I have not previously conveyed, assigned, encumbered or impaired my rights and interest in the tapes, transcripts and their content referred to above. 3. It is agreed that access to the aforementioned tape recordings and transcripts shall be in accordance with the direction and control of the Society and subject to terms to be set by the Society. I authorize the Society, subject to the above and to any exceptions contained herein, to duplicate, edit, publish, or permit the use of said tape recordings and transcripts in any manner that the Society considers appropriate, and I.waive my claim to any roya t..i.e� from such use. Date: ) DISTRICT OF COLUMBIA) ss.: ) ACKN'OWLEDGED befoi:-e me this c,V'1--,-:' day of 1). i'4.; 1994: ,�Vi'Llla ! · .\ C Notary Public ACCEPTED: Date: President Histoi:-ical Society of the District of Columbia Circuit Gerhard A. Gesell Judge Gesell was appointed U.S. District Judge for the District of Columbia in December 1967. He graduated from Yale Law School in 1935. He was employed by the Securities and Exchange Commission from 1935-1941 in various legal capacities, including Special Counsel for the Temporary National Economic Committee of the Congress and Technical Advisor to the Chairman. In 1941 he left the Commission to become a partner at Covington & Burling, where he remained until his appointment to the Court. While at the law firm, he also served as Chief Assistant Counsel for the Joint Congressional Committee on the Investigation of the Pearl Harbor Attack (1945-1947), and Chairman of the President's Commission on Equal Opportunity in the Armed Forces (1962-1964). Judge Gesell died on February 19, 1993. -v- JOHN G. KESTER John G. Kester was born in Oshkosh, Wisconsin on June 18, 19 38. He was educated in the public schools of that city and received the B.A. degree in 1959 from the University of Wisconsin, where he was elected to Phi Beta Kappa_.- The following year he studied in France at the Universite d'Aix-Marseille as a fulbright Scholar. In 1963 he was gradu<1ted maqna cum lau.de from the Harvard Law School, where he was President of the Hacvard Law Review. From 1963 to 1965 Mr. Kester served as Law Clerk to the late Associate Justice Hugo L. Black of the Supreme Court of the United States. In 1965 he entered active military service in tbe U.S. Army Judge Advocate General's Corps and served as Assistant to the General Counsel of the Army until 1968. In 1968 he -also was Visiting Lecturer in Law at Duke University Law School. From 1968 to 1969 he taught constitutional law as Assistant Professor of Law at the University of Michigan. Returning to government service in 1969, he was appointed Deputy Assistant Secretary of tbe Army for Manpower and Reserve Affairs, and remained in that office until joining the Washington, D.C. law firm of Williams, Connolly & Califano in 1972. In January, 1977 Mr. Kester was appointe·d by Secretary of Defen.se Harold Brown to be The Special Assistant to the Secret'ary and the Deputy Secretary of Defense.