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PRESIDENT
EISENHOWER'S TWO REFUSALS
OF EXECUTIVE CLEMENCY
First Refusal
On February 11, 1953, President Dwight
D. Eisenhower denied the petition
for executive clemency filed by the
Rosenbergs.
These two individuals have been tried and
convicted of a most serious crime against the people of the United
States. They have been found guilty of conspiring with intent and reason
to believe that it would be to the advantage of a foreign power,
to deliver to the agents of that foreign power certain highly secret atomic
information relating to the national defense of the United States. The
nature of the crime for which they have been found guilty and sentenced
far exceeds that of the taking of the life of another citizen; it involves
the deliberate betrayal of the entire Nation and could very well
result in the death of many, many thousands of innocent citizens. By
their act these two individuals have, in fact, betrayed the cause of freedom
for which free men are fighting and dying at this very hour.
The courts have provided every opportunity for the submission of evidence
bearing on this case. In this time-honored tradition of American justice,
a freely selected jury of their fellow citizens considered the evidence
in this case and rendered its judgement. All rights of appeal were exercised
and the conviction of the trial court was upheld after full judicial
review, including that of the highest court in the land*. [bold lettering
added] I have made a careful examination into this case, and I am satisfied
that the two individuals have been accorded their full measure of justice.
There has been neither new evidence nor have there been mitigating circumstances
which would justify altering this decision and I have determined that it
is my duty, in the interest of the people of the United States, not to
set aside the verdict of their representatives.
*
Eisenhower's statement is completely false. The Supreme Court never reviewed
the case, even though Supreme Court Justices Black, Douglas, and Frankfurter
strongly protested the failure to review. Appellate judges also protested.
"It is not amiss
to point out that this Court has never reviewed this record and has never
affirmed the fairness of the trial.Without an affirmance of the fairness
of the trial by the highest court of the land, there may always be questions
as to whether these executions were legally and rightfully carried out".
Supreme Court Justice Hugo Black on June 19, 1953. |
Second Refusal
On June 19, 1953, President Dwight D.
Eisenhower denied the petition for
executive clemency filed by the Rosenbergs.
Since its original review proceedings in
the Rosenberg case by the Supreme Court of the United States, the courts
have considered numerous further proceedings challenging the Rosenberg
convictions and the sentences imposed. Within the last two days, the Supreme
Court, convened in a special session, has again reviewed a further point
which one of the justices felt the Rosenbergs should have an opportunity
to present. This morning the Supreme Court ruled that there was no substance
to this point. I am convinced that the only conclusion to be drawn from
a history of this case is that the Rosenbergs have received the benefit
of every safeguard which American justice can provide. There is no question
in my mind that their original trial and the long series of appeals constitute
the fullest measure of justice and due process of law. Throughout the innumerable
complications and technicalities of this case, no judge has ever expressed
any doubt that they committed most serious acts of espionage*. [bold
lettering added] Accordingly, only most extraordinary circumstances would
warrant executive intervention in this case. I am not unmindful of the
fact that this case has aroused grave concern both here and abroad. In
this connection, I can only say that by immeasurably increasing the chances
of atomic war the Rosenbergs may have condemned to death tens of millions
of innocent people all over the world. The execution of two human beings
is a grave matter, but even graver is the thought of the millions of dead
whose death may be directly attributable to what these spies have done.
When democracy's enemies have been judged guilty of a crime as horrible
as that of which the Rosenbergs were convicted; when the legal processes
of democracy have been marshaled to their maximum strength to protect the
lives of convicted spies; when in their most solemn judgment the tribunals
of the United States have adjudged them guilty and the sentence just, I
will not intervene in this matter.
*
Justices Black, Douglas, Frankfurter, Swan and Frank to name but a few
who expressed doubts.
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