by Jim Newton
59 Francis X. Gannon, The Biographical Dictionary of the Left, p. 574.
60 Evan Thomas, The Man to See, pp. 290-91.
61 Author interview with Peter Ehrenhaft, Jan. 31, 2005.
62 Ibid.
63 American Bar Association Journal, July 1973, p. 724.
64 Author interview with Peter Ehrenhaft, Jan. 31, 2005.
65 Warren letter to Douglas, March 26, 1971, LOC, MD, William Douglas papers, Part I, Correspondence files, Earl and Nina Warren folder.
66 Warren letter to Swig, Oct. 3, 1973, LOC, MD, Warren papers, personal papers, Ben Swig file.
67 Warren letter to Swig, Oct. 16, 1973, LOC, MD, Warren papers, personal papers, Ben Swig file.
68 Warren letter to Swig, Oct. 24, 1973, LOC, MD, Warren papers, personal papers, Ben Swig file.
69 Warren letter to Swig, Oct. 31, 1973, LOC, MD, Warren papers, personal papers, Ben Swig file.
70 Pollack, Earl Warren: The Judge Who Changed America, p. 315.
71 Bradley letter to Warren, Aug. 1, 1973, LOC, MD, Warren papers, personal papers, Bradley swearing-in file.
72 Warren letter to Bradley, Aug. 17, 1973, LOC, MD, Warren papers, personal papers, Bradley swearing-in file.
73 Warren speech at Morehouse College, May 21, 1974, LOC, MD, Speeches and Statements file, Morehouse folder.
74 Ibid.
75 Handwritten note attached as appendix to oral history interview with Edgar James Patterson, Governor’s Mansion Aide to Prison Counselor, 1975.
76 Ibid.
77 Author interview with Jeffrey Warren, Aug. 26, 2003.
78 Warren was at Georgetown rather than Walter Reed either because of misunderstanding or because of an act of brutish insensitivity on Nixon’s part. Supreme Court justices are entitled to free medical care at military facilities, and Warren had availed himself of that privilege throughout his Court career. A policy change in the Nixon years, however, required retired military personnel to seek White House authorization before receiving treatment. That policy apparently was applied by mistake to Warren, who then moved to Georgetown. Members of the Warren family and others believed that Nixon had intentionally forced Warren to seek care elsewhere. Author interview with Nina “Honey Bear” Brien, May 6, 2004.
79 William Douglas, The Court Years, p. 238. Douglas, whose autobiography is notoriously riddled with errors, writes that he visited Warren alone. That is contradicted by members of the Warren and Brennan families, who say that Brennan accompanied Douglas on that final visit.
80 Author interview with William Brennan III, July 2003.
81 Author interview with Nina “Honey Bear” Brien, May 6, 2004.
82 Author interviews with Jesse Choper, Peter Ehrenhaft, and Dennis Flannery.
Bibliography
NOTES ON SOURCES
Most of the sources for this book are self-explanatory and are listed below. A few of them require brief explication:
The FBI files cited in this book were delivered to the author in response to requests made under the Freedom of Information Act. They consist of 2,206 pages. In addition, the FBI released Warren material to author Alexander Charns during the preparation of his 1992 book Cloak and Gavel. In most cases, the material given to me and to Charns is identical, or what I have received is slightly more expansive, since it was released more than a decade later. Where I have drawn on the material released to me, I have cited it merely by official document number. In the few instances where, inexplicably, the FBI released material to Charns but did not include those same files in complying with my request or where it redacted those files more heavily, I have cited the document numbers as well as Charns’s papers, which are housed at the University of North Carolina.
In addition, previous studies of Warren have been made without access to two vitally important sets of records, held out of public view for different reasons. Congressional files related to Supreme Court nominations are sealed for fifty years, and thus the story of Warren’s nomination was locked away until 2004. Those files, opened at my request, are housed at the National Archives in Washington, D.C.
Also, large portions of the papers of William J. Brennan, Jr., Warren’s great friend and colleague, have been restricted over the years by Brennan’s deed of trust donating those papers to the Library of Congress. The terms of that deed restrict access to the papers, but Brennan’s son, William J. Brennan III, intervened on my behalf to release his father’s records for the Warren years. This book thus is the first of its type to rest on the revelations in those papers, particularly the annual memos composed by the Brennan clerks and summing up each term. I am grateful to Bill Brennan for his efforts on my behalf and sad to report that he did not live to see this book published.
ORAL HISTORIES
Unless otherwise noted, oral histories are from the Regional Oral History Office of the University of California, Berkeley.
Single-Interview Volumes
Amerson, A. Wayne. Northern California and Its Challenges to a Negro in the Mid-1900s, with an introduction by Henry Ziesenbenne, 1974.
Baxter, Leone. Interviewed June 23, 1972, transcript on file with the Bancroft Library, University of California, Berkeley.
Boggs, Hale. Interviewed March 13, 1969, by T. H. Baker, Hale Boggs Oral History interview I, transcript on file with the Lyndon Baines Johnson Library, Austin, Texas (Internet copy).
Boggs, Hale. Interviewed March 27, 1969, by T. H. Baker, Hale Boggs Oral History interview II, transcript on file with the Lyndon Baines Johnson Library, Austin, Texas (Internet copy).
Breed, Arthur H. Jr. Alameda County and the California Legislature, 1935-1958, interviews conducted in 1973 by Gabrielle Morris, 1977.
Brown, Edmund G., Sr. Years of Growth, 1939-1966: Law Enforcement, Politics, and the Governor’s Office, interviews conducted by Malca Chall, Amelia R. Fry, Gabrielle Morris, and James Rowland, 1977-1981.
Call, Asa. Notes for Oral History, Bancroft Library, University of California, Berkeley. (This interview was intended for inclusion in Richard Nixon in the Warren Era, but Call died before the interview could be edited; the interview transcript and notes are on deposit with the Bancroft).
Carty, Edwin L. Hunting, Politics, and the Fish and Game Commission, interviews conducted by Amelia R. Fry, 1976.
Christopher, Warren. Interviewed Oct. 31, 1968, by Thomas H. Baker, Lyndon Baines Johnson Library, Austin, Texas.
Clark, Tom. Interviewed Oct. 7, 1969, by Joe B. Frantz, Lyndon Baines Johnson Library, Austin, Texas.
Drury, Newton Bishop. Parks and Redwoods, 1919-1971, interviews conducted between 1960 and 1970 by Amelia Roberts Fry and Susan Schrepfer, Regional Oral History Office, Bancroft Library, University of California, Berkeley, 1972.
Graves, Richard Perrin. Theoretician, Advocate and Candidate in California State Government, interviewed by Gabrielle Morris, 1973.
Jahnsen, Oscar J. Enforcing the Law Against Gambling, Bootlegging, Graft, Fraud and Subversion, 1922-1942. Interview conducted in 1970 by Alice King and Miriam Feingold Stein, 1976.
Katzenbach, Nicholas. Interview conducted on Nov. 12, 1968, by Paige E. Mulhollan, Lyndon Baines Johnson Library, Austin, Texas.
Lillie, Mildred L. Interviews conducted Nov. 20, 1989, and July 26, 1990, by the Committee on the History of Law in California of the California State Bar.
MacGregor, Helen S. A Career in Public Service with Earl Warren, with an introduction by Earl Warren, interviews conducted in 1971 and 1973 by Amelia Fry, June Hogan, and Gabrielle Morris, 1973.
McCormac, Keith. Earl Warren’s Campaigns, vol. 3, The Conservative Republicans of 1952, interviews conducted by Amelia Fry, 1976. (Volumes 1 and 2 of this series are listed below, with the multiple-interview oral histories.)
Marshall, Thurgood. Interview conducted on July 10, 1969, by T. H. Baker, Lyndon Baines Johnson Library, Austin, Texas.
Neylan, John Francis. Politics, Law, and the University of California, interview conducted by Dr. Corinne L. Gilb and Professor Walton E. Bean, 1961.
<
br /> Olney, Warren, III. Law Enforcement and Judicial Administration in the Earl Warren Era, 1981, interviews conducted by Miriam F. Stein and Amelia R. Fry, 1970-1977.
Onassis, Jaqueline Kennedy. Interviewed on May 13, 1981, University of Kentucky, Lexington.
Patterson, Edgar James. Governor’s Mansion Aide to Prison Counselor, with an introduction by Merrell F. Small, 1975.
Powers, Robert B. Law Enforcement, Race Relations, 1930-1960, interviews conducted in 1969 by Amelia R. Fry, 1976.
Sherry, Arthur H. The Alameda County District Attorney’s Office and the California Crime Commission, interviews conducted in 1971 and 1973 by Amelia Fry and Miriam Feingold, 1976.
Small, Merrell Farnham. The Office of the Governor Under Earl Warren, interviews conducted in 1970 and 1971 by Amelia R. Fry and Gabrielle S. Morris, 1976.
Sweigert, William T. Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975, interviews conducted by Amelia Fry, 1987.
Temple, Larry. Interviews conducted by Joe B. Frantz on June 11 and August 11, 1970, Lyndon Baines Johnson Library, Austin, Texas.
Warren, Earl. Conversations with Earl Warren on California Government, interviews conducted in 1971 and 1972 by Amelia R. Fry and members of the Regional Oral History Staff, 1982.
Warren, Earl. Interview conducted on September 21, 1971, by Joe B. Frantz, Lyndon Baines Johnson Library, Austin, Texas (Internet copy).
Waters, Laughlin E. Interviewed 1987 by Carlos Vasquez, California State Archives, State Government Oral History Program.
Young, Andrew. Interviewed June 18, 1970, by Thomas H. Baker, Lyndon Baines Johnson Library, Austin Texas (Internet copy).
Multiple-Interview Volumes
Bee Perspectives of the Warren Era, 1975. Interviews by Amelia R. Fry and June C. Hogan with: Walter P. Jones, “An Editor’s Long Friendship with Earl Warren.” Herbert L. Phillips, “Perspectives of a Political Reporter.” Richard Rodda, “From the Capitol Press Room.”
California Democrats in the Earl Warren Era, 1976. Interviews by Amelia R. Fry with: Florence Clifton, “California Democrats, 1934-1950.” Robert Clifton, “The Democratic Party, Culbert L. Olson, and the Legislature.” Roger Kent, “A Democratic Leader Looks at the Warren Era.” George Outland, “James Roosevelt’s Primary Campaign.” Langdon Post, “James Roosevelt’s Northern California Campaign, 1950.” James Roosevelt, “Campaigning for Governor Against Earl Warren 1950.”
Earl Warren and Health Insurance: 1943-1949, 1971. Interviews by Gabrielle Morris with: Gordon Claycombe, “The Making of a Legislative Committee Study.” John W. Cline, M.D., “California Medical Association Crusade Against Compulsory State Health Insurance.” Russel VanArsdale Lee, M.D., “Pioneering in Prepaid Group Medicine.” Byrl R. Salsman, “Shepherding Health Insurance Bills Through the California Legislature.”
Earl Warren as Executive: Social Welfare and State Parks, 1977. Interviews by Rosemary Levenson and Amelia R. Fry with: Newton B. Drury, “A Conservationist Comments on Earl Warren and Harold Ickes.” Charles Irwin Schottland, “State Director of Social Welfare, 1950-54.”
Earl Warren: Fellow Constitutional Officers, 1979. Interviews with: Edmund G. Brown, Sr., “The Governor’s Lawyer.” Robert Kenny, “Attorney General for California and the 1946 Gubernatorial Campaign.” Thomas H. Kuchel, “California State Controller.”
Earl Warren’s Bakersfield, 1971. One volume. Interviews with: Maryann Ashe and Ruth Smith Henley, “Earl Warren’s Bakersfield.” Omar Cavins, “Coming of Age in Bakersfield.” Ralph Kreiser, “A Reporter Recollects the Warren Case.” Martin Manford and Ernest McMillan, “On Methias Warren.” Francis Vaughan, “Schooldays in Bakersfield.”
Earl Warren’s Campaigns, first of two volumes. (This volume contains Nina Palmquist Warren’s letter to the history project staff.) Interviews with: Stanley N. Barnes, “Experiences in Grass Roots Organization.” Thomas J. Cunningham, “Southern California Campaign Chairman for Earl Warren, 1946.” Murray Draper, “Warren’s 1946 Campaign in Northern California.” William S. Mailliard, “Earl Warren in the Governor’s Office.” Rollin Lee McNitt, “A Democrat for Warren.” Archibald M. Mull, Jr., “Warren Fund-Raiser; Bar Association Leader.”
Earl Warren’s Campaigns, second of two volumes. Interviews with: B. Joseph Feigenbaum, “Legislator, Partner of Jesse Steinhart, Warren Aide.” Victor Hansen, “West Coast Defense During World War II; The California Gubernatorial Campaign of 1960.” William F. Knowland, “California Republican Politics in the 1980s.” Samuel Ladar, “Jesse Steinhart, Race Relations and Earl Warren.” Thomas J. Mellon, “Republican Campaign of 1950 and 1952.” John H. Steinhart, “Jesse and Amy Steinhart.”
Earl Warren’s Campaigns, third of three volumes. Interviews with: McCormac, Keith, “The Conservative Republicans of 1952.”
The Governor’s Family, 1980. Interviews with: Earl Warren, Jr., “California Politics.” James Warren, “Recollections of the Eldest Warren Son.” Nina Warren (Honey Bear), “Growing Up in the Warren Family.” Robert Warren, “Playing, Hunting, Talking.”
Hunting and Fishing with Earl Warren, 1976. Interviews with: Bartley Cavanaugh, “A Mutual Interest in Government, Politics and Sports.” Wallace Lynn, “Hunting and Baseball Companion.”
Perspectives on the Alameda County District Attorney’s Office, with an introduction by Arthur Sherry. Three volumes.
Volume 1, 1972. Interviews with: Edith Balaban, “Reminiscences About Nathan Harry Miller, Deputy District Attorney, Alameda County.” Judge Oliver D. Hamlin, “Reminiscences About the Alameda County District Attorney’s Office in the 1920s and ’30s.” John F. Mullins, “How Earl Warren Became District Attorney.” Mary Shaw, “Perspectives of a Newspaperwoman.” Willard W. Shea, “Recollections of Alameda County’s First Public Defender.”
Volume 2, 1973. Interviews with: John Bruce, “A Reporter Remembers Earl Warren.” Richard H. Chamberlain, “Reminiscences About the Alameda County District Attorney’s Office.” E. A. Daly, “Alameda County Political Leader and Journalist.” Beverly Heinrichs, “Reminiscences of a Secretary in the District Attorney’s Office.” Lloyd Jester, “Reminiscences of an Inspector in the District Attorney’s Office.” Clarence E. Severin, “Chief Clerk in the Alameda County District Attorney’s Office.” Homer R. Spence, “Attorney, Legislator, and Judge.”
Volume 3, 1974. Interviews with: J. Frank Coakley, “A Career in the Alameda County District Attorney’s Office.” Albert E. Hederman, Jr., “From Office Boy to Assistant District Attorney.” Lowell Jensen, “Reflections of the Alameda County District Attorney.” James H. Oakley, “Early Life of a Warren Assistant.”
The Warrens: Four Personal Views, 1976. Interviews by Amelia Fry, Miriam Feingold, and Wendy Won with: Horace Albright, “Earl Warren Job Hunting at the Legislature.” Betty Foot Henderson, “Secretary to Two Warrens.” Irving and Jean Stone, “Earl Warren’s Friends and Biographers.” Benjamin H. Swig, “Shared Social Concerns.”
The Japanese-American Relocation Reviewed, with an introduction by Mike M. Masoka. Two volumes.
Volume 1, Decision and Exodus, 1976. Interviews by Amelia Fry and Miriam Feingold Stein with: Tom Clark, “Comments on the Japanese-American Relocation.” Edward Ennis, “A Justice Department Attorney Comments on the Japanese-American Relocation.” Percy C. Heckendorf, “Planning for the Japanese Evacuation: Reforming Regulatory Agency Procedures.” James Rowe, “The Japanese Evacuation Decision.” Herbert Wenig, “The California Attorney General’s Office, the Judge Advocate General Corps, and Japanese-American Relocation.”
Volume 2, The Internment, 1974. Interviews by Rosemary Levenson, Amelia R. Fry and Miriam Feingold Stein with: Robert Cozzens, “Assistant National Director of the War Relocation Authority.” Hisako Hibi, painting of Tanforan and Topaz camps. Ruth W. Kingman, “The Fair Play Committee and Citizen Participation.” Dillon S. Myer, “War Relocation Authority: The Director’s Account.”
Earl Warren, the Chief Justiceship, 1977. One volume
. Interviews with: Herbert Brownell, “Earl Warren’s Appointment to the Supreme Court.” Louis Finkelstein, “Earl Warren’s Inquiry into Talmudic Law.” James Hagerty, “Campaigns Revisited: Earl Warren, Thomas Dewey and Dwight Eisenhower.” William Oliver, “Inside the Warren Court, 1953-1954.” Martin F. Richman, “Law Clerk for Chief Justice Warren, 1956-1957.” Harold Stassen, “Eisenhower, the 1952 Republican Convention and Earl Warren.”
Labor Looks at Earl Warren, 1970. One volume. Interviews with: Germain Bulke, “A Longshoreman’s Observations.” Joseph W. Chaudet, “A Printer’s View.” Paul Heide, “A Warhouseman’s Reminiscences.” U. S. Simonds, “A Carpenter’s Comments.” Ernest H. Vernon, “A Machinist’s Recollection.”
Labor Leaders View the Warren Era, 1976. Interviews by Miriam Feingold Stein and Amelia R. Fry with: Robert S. Ash, “Alameda County Labor Council During the Warren Years.” Cornelius J. Haggerty, “Labor, Los Angeles, and the Legislature.”
Richard M. Nixon in the Warren Era, 1980. One volume. Interviews with: Earl Adams, “Financing Richard Nixon’s Campaigns from 1946 to 1960.” Roy P. Crocker, “Gathering Southern California Support for Richard Nixon in the 1950 Senate Race.” Roy O. Day, “Campaigning with Richard Nixon, 1946-1952.” John Walton Dinkelspiel, “Recollections of Richard Nixon’s 1950 Senatorial Campaign in Northern California.” Frank E. Jorgensen, “The Organization of Richard Nixon’s Congressional Campaigns, 1946-1952.”
The Shipboard Murder Case: Labor, Radicalism and Earl Warren, 1936-1947, 1976. Interviews with: Aubrey Grossman, “A Defense Attorney Assesses the King, Ramsay, Conner Case.” Myron Harris, “A Defense Attorney Reminiscences.” Miriam Dinkin Johnson, “The King-Ramsay-Conner Defense Committee: 1938-1941.” Peter Odeen, “Captain of the Point Lobos.” Ernest G. Ramsay, “Reminiscences of a Defendant in the Shipboard Murder Case.” Herbert Resner, “The Recollections of the Attorney for Frank Conner.”