| Abstract |
This memo by Donovan addresses the attached letter by Justice Jackson. After saying, "the letter is all right as it stands," Donovan proceeds to suggest two specific deletions; he also implicitly suggests the elimination of "some of the more personal references." The letter that follows seems to be a re-typed version of Jackson's original text, for the language to which Donovan's remarks refer is present, but not in the places Donovan indicates. Simply put, the re-typed version seems to have been typographically condensed in relation to Jackson's original, so that, for example, paragraph 1 of page 2 in the original has become paragraph 4, page 1 of the re-typed text. Substantively, Jackson's letter is a reply to the October 19th letter of General Betts (see preceding document 54.02 [Betts letter to Jackson, 19 Oct.] "Office of Theater Judge Advocate / My dear Justice Jackson" / The United States Chief of Counsel for Prosecution of Axis Criminality / APO 403 / U.S. Army). In this reply, Jackson emphasizes the difficulty of implementing either of Betts's plans for meeting the terms of directive JCS 1023/10 (Jackson does not refer to the directive in his letter) that apply to prosecuting all members of criminal Nazi organizations. With severe personnel problems besetting the OCC, particularly frequent turnover of qualified court reporters, translators, interpreters, and so forth, and well over 100,000 members of criminal Nazi organizations in American custody—as well as constraints of time and money, and uncertainties of commitment and morale among the present OCC staff—Justice Jackson regards the prospect of assuming additional prosecutorial responsibilities with what seems to be a mixture of incredulity and despair, and what is certainly disinclination. Given the extraordinary demands being made on the OCC in its preparation for the main trial, Jackson finds it impossible to take on more work, however sincerely he agrees that this work, i.e., the additional prosecutions and supplemental trials, must be accomplished. Betts's second option, the appointment of a Special Prosecutor, Jackson regards as unwieldy and confusing, insofar as "a new organization would compete with the present one for personnel, servicing, and various priorities" and possibly occasion "actual conflict in policy and treatment of cases" (p.1). As far as the OCC is concerned, Jackson believes it can ultimately do the required work only if its crucial personnel needs are supplied by recruiting good support staff in sufficient numbers and offering them "adequate incentives, financial or otherwise," as well as finding "a man of suitable stature to take complete charge of any additional responsibilities now as well as when I quit" (p.2). As he plainly states, Jackson sees his return to the Supreme Court as imminent, waiting only on the completion of the Nurnberg trials. Jackson closes by stating that General Donovan will explore the possibility of the Army's preparing the cases against members of criminal organizations (under the auspices of one or more of the following: "G-2, JAG, or Military Government" [p.2]), but that "We [the OCC] cannot do that with any organization of interrogators, interpreters, reporters, stenographers and lawyers that we now have or which I see any fair prospect of getting" (pp.2-3). This document is a typewritten original (albeit a probable re-typing of a prior text) of excellent quality on good paper. Donovan's memo is a typewritten carbon copy of excellent quality on thin, stable paper. |