Monday, May 11, 2015

T.A. Bisson - an Accomplice to Totalitarianism

Of the many Soviet spies to infiltrate the United States government, Thomas Arthur Bisson was one of the most sophisticated. Born in New York in 1900, he had a successful academic career and published books and articles, mainly about eastern Asia.

But Bisson’s espionage activities make him partly responsible for deaths in China and Europe.

As part of his academic cover, Bisson was employed by the Institute of Pacific Relations (IPR), ostensibly a think-tank studying the diplomatic relations between various east Asian nations, but in reality a communist front organization. In the IPR, Bisson was in contact with Owen Lattimore, another known Soviet agent.

Bisson also worked for two publications, Amerasia and China Today. An FBI investigation discovered that the offices of Amerasia held hundreds of stolen classified documents from various government agencies.

Writing for these, and other, periodicals, Bisson could implement Mao’s disinformation campaign in the U.S., attempting to create a public perception of the Chinese communists as “democratic,” e.g., in the IPR’s periodical Far Eastern Review.

During the 1930s and 1940s, China was in the midst of an internal conflict between Mao’s communists and Chiang Kai-Shek’s nationalists. The Soviet Union was fully backing Mao, while the United States was giving only a half-hearted effort to the nationalists.

The role of Bisson and other Soviet operatives was to keep U.S. support for Chiang Kai-Shek to a minimum, and to undermine whatever support was given.

Evidence about Bisson’s activities comes, in part, from the Venona project, an undertaking by U.S. intelligence agencies to intercept and decrypt messages between various members of Soviet espionage network. Exploring the mountains of data gathered by the Venona project, historian Stan Evans writes:

So who was T.A. Bisson? Here is what Venona tells us, in a message from Soviet agents in New York back to Moscow Center:

Bisson handed over reams of information, including reports from not only the American military, but also from the British military. The numbers and locations of troops, internal discussions about negotiating with Maoists about locating U.S. airfields in China, and data about trade between Japan and China were among classified topics about which Bisson informed Moscow.

The Soviets were eager to get classified information from the Board of Economic Warfare, a government panel on which Bisson worked during the war. Evans quotes at length from the Soviet document.

Marquis [Soviet espionage agent Joseph Bernstein] has established friendly relations with T.A. Bisson (hereafter Arthur) … who has recently left BEW [Board of Economic Warfare]; he is now working in the Institute of Pacific Relations (IPR) and in the editorial office of Marquis’ periodical [Amerasia]. Arthur passed to Marquis … copies of four documents: (a) his own report for BEW with his views on working out a plan for shipment of American troops to China; (b) a report by the Chinese embassy in Washington to its government in China … (c) a brief report of April 1943 on a general evaluation of the forces on the sides of the Soviet-German front … (d) a report by the American consul in Vladivostok …

During the 1940s, during the war, Bisson reported to the GRU, a lesser-known Soviet intelligence agency. The more famous KGB was not founded until 1954. Joseph Bernstein worked for the GRU, and Bisson delivered information to Bernstein, which Bernstein then forwarded to Moscow.

According to the FBI, the Joseph Bernstein receiving this material was a self-identified Soviet spy who would play an equally sinister role in later cases of subversion.

After the war, Bisson left New York and his GRU contacts for a while, working in Japan for the U.S. military, “first with the U.S. Strategic Bombing Survey, then as adviser to the Chief, Government Section, GHQ, SCAP” according to the Fogler Library at the University of Maine. Working with Douglas MacArthur, who had the title Supreme Commander for the Allied Powers (SCAP), Bisson once again had access to classified documents and forwarded them to the Soviets.

The narratives about Bisson, Bernstein, and Lattimore find their context in the larger setting of the Cold War era. The end of WWII, the Soviet acquisition of America’s secret atomic technology, and the Korean War shaped this time period. Stan Evans describes it:

The latter 1940s and early ’50s were a time of tense, explosive conflict, in the world at large and in the politics of our nation. Soviet expansionism in Europe, the battle for control of China, and the 1950 invasion of South Korea would shatter once-euphoric dreams of post-war cooperation with the Kremlin. American policy dealing with this rapidly changing scene was, to put it mildly, often confused, naive, slow to respond, and contradictory (reflecting a lot of intramural combat). Correlative to all this were such domestic scandals as the Amerasia case, the first exposés of atomic spying, the testimony of ex-Communists Whittaker Chambers and Elizabeth Bentley, and other such disclosures.

So Bisson was working both for Mao and for Stalin. Nudging U.S. policy in ways favorable for the Chinese communists and disclosing confidential national security documents to the Soviets, Bisson was double threat. Because not all the evidence was available at the time, U.S. intelligence officials didn’t have access to the Venona transcripts cited above. They knew that Bisson was a security risk, but they didn’t

didn’t know for sure how bad, as reflected in these transcripts. That secret would be locked up for fifty years, known only to the Kremlin and the keepers of Venona.

Bisson would continue to promote totalitarianism for years to come. He was still active during the Vietnam War.

Saturday, May 9, 2015

Cedric Belfrage: Soviet Spy

Born in England, Cedric Belfrage was in the United States as early as 1927, working as a reporter covering Hollywood and the entertainment industry. He travelled back and forth between Britain and America for several years, but had settled in the U.S. by the 1930s.

In 1937, he joined the Communist Party in the United States (CPUSA). At that time, this was not merely an act expressing a political view, but rather it was supporting an organization which called for, in its printed materials, a “violent” revolution in America.

He shifted his career from journalism to espionage, as historian Stan Evans writes:

He lived and worked in the United States off and on for something like two decades. In the early days of World War II, he was employed by the British Security Coordinator in New York, the famous Canadian spy chief Sir William Stephenson (the man called “Intrepid” by Winston Churchill), who worked in tandem with the ultrasecret American Office of Strategic Services (OSS). In this job, Belfrage had access to U.S. as well as British intelligence data.

Although he lived continuously in the United States for a number of years, he did not become a U.S. citizen. Not only did he have classified data about national security, but he would also have influence on the implementation of national policy in postwar Europe.

At war’s end, Belfrage obtained a post with the military government of occupied Germany as a press control officer, supposedly to help advance the cause of “de-Nazification” in the defeated country. In this role he was involved with the licensing of publications, including some of notorious Communist bent (official Allied policy at the time).

The victorious Allies were anxious to promote freedom of the press, but expressing an ideology is not the same as working for a “violent” revolution. “It was this background that brought him to the notice of” people who were concerned about security risks in the U.S. government.

In Washington, congressional committee members were “looking into U.S. information programs in Europe and possible subversive influence in their operations.” Cedric Belfrage, and others, were using Allied and American organizations to plan for the violent overthrow of western democracies.

When Cedric Belfrage was questioned by

counsel Roy Cohn as to whether he had been a Communist while carrying out his postwar duties, or if he were a CP member at that very moment, Belfrage declined to answer, seeking shelter in the Fifth Amendment. He refused to answer similar questions concerning fellow journalist James Aronson, his sidekick in this and other ventures. Whereupon the committee called on the Immigration and Naturalization Service to deport Belfrage.

Because Belfrage had not obtained U.S. citizenship, his case trended naturally toward deportation. A trial, and any subsequently sentenced prison time, would have been fraught with diplomatic difficulties. Stan Evans writes that

After a lot of legal bickering, this in fact occurred, and Belfrage at last left the United States to go back to England.

As in many other cases of Soviet espionage, the famous Venona project shed light on the case of Cedric Belfrage. In this project, American intelligence agencies were able to intercept and decrypt messages sent between various secret Soviet operatives.

Four decades later, however, came the revelations of Venona. Here we find numerous mentions of Cedric Belfrage, identified by the cryptologists as the KGB contact “UCN/9,” reporting back to Moscow out of William Stephenson’s office. Venona shows UCN/9 providing data from the OSS about the then-looming struggle for the Balkans — a major focus of Soviet, British, and U.S. intelligence efforts. The decrypts also show UCN/9 trying to sound out British policy toward a second front in Europe to ease Nazi pressure on the Russians, sharing documents with Soviet spy chief Jacob Golos, and otherwise acting as a fount of knowledge for the Kremlin.

Cedric Belfrage, then, had a hand in, among other events, the postwar developments in Yugoslavia. He carries responsibility for the human misery and deaths caused by a 45-year communist domination of that region.

Friday, May 8, 2015

Solomon Adler: Multinational Threat

The life of Solomon Adler demonstrates the complex world of international espionage. Born in England, holding a post in the American government, working for the Soviets, he eventually defected to China and spent the rest of his life there, after U.S. officials discovered that he was smuggling classified information out of the U.S. government and on to Moscow.

Alder’s work was multidimensional. He stole secrets from both the United States and from China for the Soviets; later, he would work for a Chinese intelligence agency, analyzing the Soviets and the Americans.

From the 1930s until at least the 1960s, and possibly later, Adler was active in various forms of espionage. Given that these years encompass WWII, the Korean War, and the Vietnam War, it is not unreasonable to wonder how many deaths were caused, directly or indirectly, by of Adler’s work.

In 1935, Adler came to the United States, and was hired by the federal government in 1936. Historian Stan Evans documents that

Solomon Adler was an official of the U.S. Treasury Department who served for several years in China during World War II and the early postwar era.

A committee led by Senator Millard Tydings was formed in early 1950 to investigate security risks, specifically those in the State Department. Although the committee’s report failed to identify individuals as Soviet agents, the work of the committee provided data for others who eventually did find unambiguous evidence confirming that the persons examined by the committee were working for Soviet intelligence agencies.

As part of a larger spy network, Adler appeared briefly in the national media and on the country's

radar screen on at least two public occasions we know of, suggesting he had been an object of study and discussion in more private sessions. The first such episode was in the Tydings hearings of 1950.

It became clear that Adler was working with other identified Soviet agents, specifically, with Frank Coe, with John Stewart Service, with Harry Dexter White, and with a large ring of communist spies known as the ‘Silvermaster Group.’ The Tydings Committee investigated John Stewart Service as a result of “original charges of subversion. Assistant committee counsel Robert Morris” interviewed witnesses for the committee.

Robert Morris, as Stan Evans writes, who frequently worked "in these hearings, was questioning diplomat John Stewart Service," one of the State Department's China specialists who'd worked to subvert U.S. policy to favor the communists,

about his contacts in Chungking, China, in the 1940s. It was in this context that Solomon Adler was mentioned, as Morris quizzed Service on his linkage to the Treasury staffer.

Morris had done his homework. “This line of interrogation, and other questions posed to Service, indicated that” careful investigation of the data meant that Morris

at this point had good insight into the bigger picture of events in China, in which Service and Sol Adler both played crucial roles.

Rather than relying merely on secondhand or thirdhand accounts, Morris had direct evidence: “There were also indications that the” members of the Tydings Committee had access to direct intercepts of conversations among the spies. The committee’s

forces were privy to wiretap information from the FBI concerning Service, including ties to Adler.

Although the committee failed to explicitly identify him as a security threat, it was clear already in 1950 that Solomon Adler was working to undermine the United States government. “Adler’s name would surface again in 1953, when,” as Stan Evans notes, the

chairman of the Senate Permanent Subcommittee on Investigations questioned former Treasury employee William Taylor about his relationship to Adler — specifically, if Taylor and Adler had by any chance lived together at a house in Chungking.

A broad network was uncovered: in addition to William Taylor and Solomon Adler, names like Harold Glasser, Irving Kaplan, Victor Perlo, William Ludwig Ullman, Edward Fitzgerald, and Bella Gold formed a constellation of Soviet agents inside the U.S. federal government. These network was in part uncovered due to the work of Elizabeth Bentley, a former Soviet operative who gave information to American investigators. John Snyder was either an unwitting dupe or a willing accomplice, enabling the careers of the members of this network.

Questions posed by subcommittee

in this session also brought up the name of the Chinese national Chi Chao-ting, yet another Adler contact.

The situation in China was one of internal struggle. The defeat of Japan at the end of WWII ended a temporary truce in a civil war between the communists and the nationalists. The Soviets were backing the communists, but the United States was only half-heartedly supporting the nationalists.

Soviet agents inside the United States worked to ensure that American support for the nationalists would be muted, and that whatever support was given, could be subverted or otherwise rendered less effectual.

Solomon Adler was enmeshed in a multinational espionage network. Evidence increased and reached the point at which no reasonable doubt about Adler’s guilt was possible. Data came from many sources, including intercepted Soviet communications.

Messages among Soviet spies were recorded by U.S. intelligence agencies in a program called ‘Venona.’ Stan Evans writes:

This focus on Sol Adler would be of additional interest when the Venona decrypts were published. There we find him duly making his appearance, under the cover name “Sachs,” passing information to the comrades about the state of things in China. This fits with other official data that show him to have been part of a Treasury Red combine that included Harry Dexter White, Nathan Gregory Silvermaster, Harold Glasser, V. Frank Coe, and a sizable crew of others.

The codename assigned to Adler by the NKGB and MGB was also rendered as ‘Sax’ or ‘Saks’ in various documents. As more data was uncovered, “both Coe and Glasser would become” subjects of investigation, and eventually considered as “committee cases also” by the Tydings group.

When the matter was finished, it became clear that the Tydings committee “did not err in targeting Adler, his ties to Service, or his living arrangements while in China,” although the committee failed to act quickly enough or decisively enough to prevent Adler from continuing his activity for several more years.

Wednesday, April 29, 2015

Spiro Agnew Stands for Civil Rights

Significant aspects of the Nixon era remain hidden from the public consciousness, because the Watergate Scandal so powerfully overshadows others event in this time period. Scholars, however, examine a number of noteworthy achievements during this time, including Nixon’s selection of Spiro Agnew for the vice presidency.

Like Nixon, Agnew’s public persona would be dominated by allegations of wrongdoing. Yet Agnew’s career is also worth studying.

Agnew emerged as a surprise, a relatively unknown figure, suddenly named by Nixon as a running-mate in 1968. Donald Rumsfeld recalls the astonishment when Nixon unveiled his pick:

When Nixon announced Governor Agnew’s selection the following day, he said he had based his decision on three criteria. First, Nixon claimed, Agnew was qualified to become president. Second, he said Agnew would be a good campaigner; and third, if they got elected Agnew would be able to manage domestic policy. To my knowledge, Agnew was not particularly noted for those qualities. More than anything Nixon seemed pleased that he had selected someone so unexpected, catching everyone off guard. And indeed the choice of Agnew was so startling that it stunned even Agnew.

As is often the case, in recent decades, a great deal of speculation preceded Nixon’s announcement. Nixon and his staff had listed potential running mates. Prominent individuals and Nixon’s personal friends had been consulted.

Some, like Rumsfeld, reckoned that Nixon had deliberately veiled his thinking, in order to create a shocking sensation when Agnew was disclosed as the vice presidential candidate. Gerald Ford, who at the time was House Minority Leader, was surprised and perhaps a bit skeptical. Later, after having ascended to the presidency himself, Ford would write:

Nixon had selected Spiro T. Agnew, the governor of Maryland, as his running mate. I couldn’t believe it. Here was a man who had risen from total obscurity a few years earlier to become a governor of a border state. I remembered meeting him two years before at a Republican dinner in Annapolis. He’d come up to me, a well-groomed but somehow diffident man who seemed to talk out of the corners of his mouth. “Hi, I’m Ted Agnew, Baltimore County executive, and I’m running for governor,” he’d said, sticking out his hand.

Why did Nixon choose Agnew? In addition to the three reasons outlined by Rumsfeld above, and in addition to his love for surprises, there was another factor in Nixon’s choice.

In 1968, Nixon was running against “the party of Maddox, Mahoney, and Wallace” - the quote comes from a 1966 newspaper column authored by Nixon (with help behind the scenes from his speechwriter and staffer Patrick Buchanan). These three men were the public face and shaping force of the Democratic Party at that time.

Lester Maddox was a restaurant owner and segregationist governor of Georgia, known for driving African-Americans out of his restaurant by brandishing an ax handle. George Mahoney was a segregationist nominated by the Democratic Party for governor of Maryland. George Wallace was the segregationist governor of Alabama, who uncompromisingly declared, “I say segregation now, segregation tomorrow, segregation forever.”

Against “the party of Maddox, Mahoney, and Wallace,” Nixon offered the heritage of the Eisenhower administration. Eisenhower and Nixon had moved the 1957 Civil Rights Act through Congress, against resistance from the Democratic Party. When Lyndon Johnson used a procedural maneuver to weaken the act, a technicality about jury selection, Ike and Nixon responded with the 1960 Civil Rights Act, which they again ushered through Congress over objections from the Democratic Party.

As Republicans, Ike and Nixon had defended the 'Little Rock Nine' and broken through the barriers of segregation. The Democratic Party, in the person of Orval Faubus, worked to keep the African-American students out of Little Rock's Central High School in 1957. The Democrats were so committed to segregation that Eisenhower and Nixon had to use federal troops to ensure that the Black students were admitted to the school.

In this environment, Nixon chose Agnew. In Maryland, when Agnew ran for governor against George Mahoney, Agnew earned 70% of the African-American vote. Ann Coulter writes:

One of the main reasons Nixon chose a rookie like Spiro Agnew as his vice presidential nominee was Agnew’s sterling civil rights record. Agnew had passed some of the first bans on racial discrimination in public housing in the nation - before the federal laws - and then beaten segregationist George Mahoney for governor of Maryland in 1966.

It is one of history’s better-kept secrets that Richard Nixon and Spiro Agnew won a large share of the Black vote in 1968 because the opposing party was thoroughly populated with leaders who opposed desegregation and integration.

Monday, April 27, 2015

Hillary Learns from Daley

Although Hillary Clinton’s career has been consistent since she emerged into the national consciousness in the early 1990s, it had some dramatic reversals prior to that. She was, in succession, a moderate Republican and a conservative Republican, before finally ending as a left progressivist.

What series of events took Mrs. Clinton through these, and other, political categories? Historians Jeff Gerth and Don Van Natta write that “Hillary was a spirited and deeply conservative Republican.”

It is worth noting that words like ‘liberal, conservative, Democrat, Republican, moderate, left, right, progresive’ are ambiguous, and their meanings change significantly from context to context. What was Hillary Clinton’s context?

In 1960, her favorite teacher, much of her local community, and “her father supported Vice President Richard M. Nixon for the presidency.” As a young person, Hillary was formed by her environment, by the people around her, “And, of course, Hillary also wanted Nixon to win.”

What did she find attractive about Nixon? After eight years in office, he functioned largely as an extension of Eisenhower’s policies: he was working for what would become the twenty-sixth amendment, lowering the voting age from 21 to 18. Nixon also embraced Ike’s view that the United States should not enter, or commit militarily to, the war in Vietnam.

Not only Hillary, but much of her generation liked what Nixon meant for young voters.

Nixon’s loss in the 1960 election was heartbreaking for the young Hillary Clinton. “The day after the election, Hillary’s social studies teacher showed his students the bruises” which

he had received when he challenged the Democratic Party’s poll watchers at his voting precinct on Election Day. Hillary and her friend Betsy Johnson were infuriated. To Hillary, her teacher’s ordeal dramatically supported her father’s contention that Chicago mayor Richard J. Daley’s “creative vote counting had won the election for President-Elect Kennedy.” Hillary and Betsy were so upset about what had happened to Mr. Kenvin that they took a moment during their lunch period to use a pay phone outside the school cafeteria to call Mayor Daley’s office to complain.

It was a disillusioning moment for the young Hillary. Her youthful understanding of freely-elected representation was shattered by the realization that the system was corrupted.

Her father, although disappointed, was more realistic, and accepting of the fact that system was as good as it could be, given the imperfect nature both of the world and of people. Jeff Gerth and Don Van Natta continue:

On the Saturday morning after the election, the determined young women decided to help a Republican group check voter lists against addresses in an attempt to find voter fraud. Both girls participated without getting permission from their parents. Hillary was driven to a poor neighborhood on the South Side, where she went knocking on doors, an act that was “fearless and stupid,” she recalled. “I woke up a lot of people who stumbled to the door or yelled at me to go away. And I walked into a bar where men were drinking to ask if certain people on my list actually lived there.” Hillary found clear evidence of voter fraud - a vacant lot that was listed as the address for a dozen alleged voters. She was thrilled with her detective work and could not wait to tell her father that she had discovered that Daley had indeed stolen the election for Kennedy. “Of course, when I returned home and told my father where I had been, he went nuts. It was bad enough to go downtown without an adult, but to go to the South Side alone sent him into a yelling fit,” she recalled. “And besides, he said, Kennedy was going to be President whether we liked it or not.”

Idealism did not die quickly for Hillary Clinton, however. In 1964, dismayed by LBJ’s foreseeable escalation and debacle in Vietnam, she supported Barry Goldwater. She liked Goldwater for many of the same reason she, and others of her generation, liked Nixon in 1960.

Gradually, however, her attachment to a system of representative democracy eased. Seeing Chicago’s mayor Daley orchestrate a flood of falsified ballots, election after election, she began to drift toward the notion that an elite corps of experts, installed at the helm of government, was a better mechanism than any type of voting.

Of course this view, a type of progressivism, was also not realistic, and would require compromises with reality. She understood that elections would continue to occur. But her participation in them, as a voter or as a candidate, would no longer be idealistic, but rather opportunistic.

After Goldwater’s 1964 loss, Hillary’s engagement with the system became more pragmatic - or more cynical, depending upon one’s interpretation. Her experiences at Wellesley College nudged her in this direction. At Wellesley, she was a supporter of Nelson Rockefeller’s bid to gain the Republican nomination for the presidency. This marked her move to the left wing of the Republican Party.

Toward the end of her time at Wellesley, she served as an intern for a group of congressmen, including Gerald Ford. She would recall, many years later, that she was impressed with Ford, and believed that he had truly earned his reputation as an extremely honest individual.

Yet she left the Republican Party soon thereafter, when Rockefeller did not gain the nomination. By 1968, she was no longer supporting Nixon. That year’s Republican National Convention was the last one she would ever attend.

By 1974, she had long since stopped identifying herself as Republican, and was working to get Nixon impeached. Her attachment to the Democrat Party grew not out of her beliefs, but rather out of her perception that she had opportunities for advancement there. She had found LBJ more distasteful than Nixon, but was willing to use Johnson’s party for her own purposes.

While it is impossible to be certain about a historical figure’s inner thought processes, and wise historians do not engage in speculation, it seems that the seeds for Hillary Clinton’s eventual career were sown by Chicago mayor Richard J. Daley.

Although she was disappointed with the outcomes of the elections he manipulated, and outraged at the injustice of his electoral corruption, she eventually came to embrace his methods and his party. Her youthful idealism, once shattered, gave way to a hardened opportunism.

Friday, April 24, 2015

Bull Connor and the Consequences of Racism

In May 1963, brutal and horrific images shocked not only the United States, but the world: images of peaceful protesters being attacked by dogs and pummeled by high-pressure fire hoses.

These images - newsreels or still photographs - have been seared into the consciousness and into the conscience of humanity. They stand as a symbol for the cruelty, viciousness, and hatred which racism is, and which racism engenders.

More than half a century later, these images retain their shocking power, and energize new generations to seek equal opportunities for people of all races.

But who was the man behind these images? Who ordered the savage dogs to be released onto innocent men, women, and children? Who commanded that high pressure water be directed at people?

And which consequences did he pay?

These images come from Birmingham, Alabama. The protesters were part of an event organized by the Southern Christian Leadership Conference. Their peaceful protest walk through the city was designed to elicit a statement from Birmingham’s mayor.

Instead, they got the attention of “Bull” Connor, who was the Commissioner for Public Safety for the City of Birmingham. His legal name was Theophilus Eugene Connor. He personally made the decision to unleash the dogs and fire hoses at the young protesters.

Within days, the images of brutality directed against African-Americans, and against the white people who joined them in their protest, had turned large parts of the nation against Birmingham. The city’s government quickly negotiated a settlement with the protesters, which included the desegregation of some public accommodations.

But what happened to “Bull” Connor? Following the events of early 1963, the Democratic Party nominated him, later that year, to be its candidate for the Presidency of the Alabama Public Service Commission. This would be a promotion for him; he had previously been commissioner over a single city - now he would have authority over the entire state.

Not only was he nominated for the statewide ballot, but he was also chosen by the Democratic Party to be the state’s national committeeman. In September 1964, the New York Times reported that

Mr. Connor, the former Birmingham City Police Commissioner, is this state’s Democratic National Committeeman.

Leading up the November elections that year, the newspaper goes on to explain who’s supporting Connor’s bid for statewide office:

Mr. Connor is the Democratic nominee for the chairmanship of the state Public Service Commission.

With the support of his party, Connor won handily and took office in January 1965. This is how his party rewarded him for his work in Birmingham in May 1963.

In 1968, the Democratic Party nominated Connor for reelection, and helped him to victory again.

Historian James L. Baggett writes that “Connor was unrepentant and never repudiated his defense of racial segregation.”

Thursday, April 23, 2015

Claiming the Moral High Ground: 71 Years after it was Time to Act, Congress Passes HR 5739

On Tuesday, December 2, 2014, the House of Representatives approved a bill, HR 5739, unanimously. On Thursday, the Senate approved the same bill, unanimously. On Tuesday, December 23, the president signed the bill into law.

In an era often described as “bitterly partisan” and filled with “gridlock,” which urgent question created such bipartisan unity and occasioned such smooth functioning of the legislative process?

HR 5739 is known as the “No Social Security for Nazis Act.” It is designed to ensure that anyone who participated in Hitler’s genocide does not received retirement benefits from the United States government.

Naturally, it was passed quickly and unanimously. Who would oppose such a bill?

But there’s a problem: the new law may not affect anybody. The people to whom it might apply are probably already dead.

To have been a knowing and culpable accomplice to Hitler’s brutalities, an individual would have to be approximately 92 years of age, or older, in the year 2015. Such an individual would have reached the age of majority, 21, in 1944, and would have been born in 1923.

If we stretch it a bit, it might be possible to assign liability to someone aged 18 at the time, which would make such a person 88 years of age now.

While there are many people who are 88 or 92 years old, the percentage of them who actively engaged in atrocities and crimes against humanity is microscopic. By the government’s own estimates, there may not be any at all. The largest possible number of people to whom the law might apply is, by those same estimates, four.

Had such a law been passed ten or twenty years earlier, it might have carried numerical significance.

The Congress and the President seem to want to claim the moral high ground for this courageous piece of legislation. By the same logic, they might also choose to deny Medicaid benefits to citizens who actively supported Benedict Arnold’s defection.

CNN reports the logic of the legislative branch:

Democratic Rep. Carolyn Maloney of New York, who has been a key proponent in changing the law, told CNN that she has asked both the Justice Department and Social Security Administration to find out how much money was paid out and how many were still receiving any social security funds. She estimated there were roughly four individuals who were still eligible for the payments.
“They are dying out, but anybody who gets it is too much. They came to this country under false pretenses,” Maloney told CNN.

The rationale which Representative Maloney offers is interesting. She believes that legislative action should be taken against those who “came to this country under false pretenses.”

One might expect Rep. Maloney to oppose paying benefits to people who’d participated in grievous violations of human rights and people who’d committed mass murder. Instead she presents a justification based on immigration procedure.

If Rep. Maloney knows and understands what she says, and says what she means, then her statement would have interesting implications for immigration in other contexts. It is, however, not probable that she does.