Reportorial Account of Fortas Tragedy

Abe Fortas could have carried
a grudge. He doesn't. The former
Supreme Court Justice might have
survived the senatorial and ad-
ministration -enmities had he fol-
lowed the advice of .Mr. Justice
WIlli3M
0 Douglas. Instead he
wrote to Chief Justice Earl Warren
that he did not want the high
court to be affected adversely.
Abe Fortas was the first of the '
high court justices to resign under
pressure. But he had w ritten to
Warren:

"There was no wrongdoing on
my part. There has been no de-
fault in the performances of my
judicial duties in accordance
with the high standards of the
office I hold."

He is a great lawyer and was
one of the ablest jurists ever to
hold the high position in this land.
He was a close friend and colla-
borator of President Lyndon B.
Johnsen, he helped him politically,
he advised him but to the very end
he maintained that he had never
used his influence with the govern.
ment in behalf of his clients. He
was charged with being a "crony"
of the
President, and Senator
Everett Dirksen had said that he
saw nothing criminal in "cronyism"
that spells friendship.
Yet his antagonists treated him
as if he were a criminal, as if
Fad acted dishonestly as a jurist
*t is difficult to judge whether
those who read "A Question of
Judgment—The Fortas Case and
the Struggle for the Supreme
Court" by Robert Shogan (a Bobbs-
Merrill book) will come to the
conclusion this reviewer has
reached. Yet it is clear that Fortas
was a scapegoat. He committed
indiscretions. If he had stated his
case co:noletely, to the Chief Jus-
lice, as he did in his resignation,
he might have averted trouble. lie
didn't and he paid the price. But
the nation has cause to regret that
a great justice was lost to us as
a result of pressures for which
senatorial guilt is greater than the
t's guilt that was shared by
jurist's
juris
administration and the De-
partment of Justice.
Shogan's historical record o
the tragic occurrences make vain-
able
able conclusions and they do net
absolve the White House. The
able author of this impressive
book states clearly in evaluating
the life story that triggered the
cave against Fortas in the Louis
Wolfson incident: "Whatever
damage Fortas may have done
- to the Court's public esteem, the
achirrnistration added to it. In
responding to Life's disclosures
about Fortas' financial connec-
tion with Wolfson's Foundation,
the administration did far too
• much, and talked far too much
about what it did . Forta's
resignation left a legacy of
animosity and marked an end
to the Nixon administration's
brief venture in consensus
politics . . ."
Robert Shogan's book is a mas-
terful reportorial account of a most
sensational occurrence that result-
ed in so much heat and inspired
so many political involvements.
Michigan's Senator Robert Griffin

had led in the attacks on Fortas;
he was not alone. The Department
of Justice, as already indicated,
played its part.
There is no denying the sensa-
tionalism of the press and of our
magazines. Often, for the sake of
an exciting story, reporters. re-
searchers dig deeply, and to
often there are character as-
sassinations. Fortas was a victim
of a desire for Republican control
of the Supreme Court, an accu-
mulated hatred of Chief Justice
Warren and the general antagonism
that was drummed up against the
Warren Court.
The Jewish News is briefly quot-
ed by Shogan on the Jewish aspect
which may or may not have existed.
The fact is that a Jew was in line
for the third highest position in
the land and there may have been
a desire to prevent it. Senator
Javits denied it. Justices Warren
and Douglas remained Fortas'
friends, and the latter begged his
associate not to resign, to fight to
a finish. Fortas preferred to eli-
m'nate any possibly additional
hatreds for the high court.
Fortas' close affiliation with
President Johnson and his fam-
ily, his background of dedicated
service to this country dating
back to his association with Har-
old Ickes and President Franklin
D. Roosevelt, his genius as a
lawyer, his skill as a defense
lawyer, his ability as a violinist
—many are the qualities de-
scribed by Shogan. This story
of a Supreme Court Justice's
experiences also make his book
an excellent biography of that
justice.

He had taken an interest in Jew-
ish affairs, yet it was his friend
and associate Chief Justice Warren
who encouraged him to do more.
Shogan thus describes Warren's
role
"Fortas' friendship with Earl
Warren was fostered by War-
ren's strong personal ties to the
American Jewish community.
Warren had a number of close
Jewish friends and political as-
sociates and he had long been
an active worker for Jewish
causes. His record on the Court
had made him something of a
hero to Jewish liberals. Fortas
had taken little interest either
in the Jewish religion or in secu-
lar Jewish organizations before
coming to the Court. Early in
Fortas' first term. Warren
mentioned to the new Justice
that he naturally would be ex-
cused from the Court's weekly
conference, which coincided with
an important Jewish holy day.
Fortas. who had not observed
the holiday in the recent past,
saw no reason to change and
attended the conference anyway.
Warren's strong sense of pro-
priety was disturbed. Later on,
when Fortas was on the point of
declining an award from an im-
portant Jewish organization,
Warren remonstrated with him
and persuaded him to change his
mind. The head of the organiza-
tion, a friend of Warren's, would
be offended if Fortas rejected
the proffered honor. Besides,

Pekin.'
Pekin.' Reaffirms Support of Terrorists

(JTA)—Premier Chou en Lai of China has sent a message
to the Congress of the Palestine Liberation Organization meeting in
Cairo which reaffirms "the unfailing and resolute support of China
to the Palestinians."

The message was addressed to El Fatah leader Yassir Arafat.
Its text was made public by the Chinese Embassy there.

The message stated: "The Palestinian people have a glorious
tradition of struggle against imperialism. Their armed struggle holds
' aloft lite banner of the fight against the imperialists and has dealt
mighty blows to the United States, the Israeli aggressors and their
lackeys."

The latter appeared to be a reference to King Hussein of Jordan.
It was •learned, meanwhile. that the executive committee of the
PLO plans to meet soon in Beirut, Lebanon, to discuss steps for
wsrnerging all terrorist forces.

52--Fridnp, April 211x1972

THE DETROIT JEWISH NEWS

ABE FORTAS

Warren pointed out, Fortas'
public position carried with it a
responsibility to the Jewish com-
munity. Gradually, partly be-
cause of Warren's influence,
Fortas saw the light. He ac-
cepted speaking invitations from
Jewish organizations and took an
increasing interest in the state

of Israel.
was committed, and enemies capi-
"Fortas accepted this sort of tallied on it—not only enemies but
advice more readily from War- political aspirants for power to
men than he might have from control the court.
ohers because of Warren's
There is an indictment in
warmth and sincerity. In their Shogan's two concluding sentences
approach to the law the two men in his book: "The partisanship and
. differed sharply, as Fortas fully hypocrisy that have so far marked
realized. He once contrasted the the struggle over the Court threaten
'straight, uncluttered, unsubtle' to undermine respect for the law
way the Chief worked with his and to diminish the Court as an
own reliance on 'ins and outs institution. If that happens, no mat-
and intricacies' intended to
ter who wins control of the Court.
cover everything 'right back to
the Republic will suffer a shatter-
the invention of money.' Still, he
ing loss."
pointed out to a friend, 'we
This is part of the tragedy: the
partisanship and -animosity that
mostly come out the same place
—with the same answer'."
caused a loss to the Court itself
The Shogan analysis of the and the law in the resignaticn of
Fortas case adds an important a great legal mind. True: he mainly
chapter to America's judicial his- did it to himself, perhaps by his
tory. It is a study of the Supreme desire to assure an income for his
Court. the Presidency, the Senate wife in the form of an annuity the
—it is a study of a condition in Wolfson Foundation had pledged,
our time. but particularly by his failure to
"The error of Fortas' ways is present all the facts when the case
hard to classify," Shogan writes. first began to unfold. But the price
"He did not commit a crime; we for an indiscretion was great—
have the Justice Department's too great for Americans to con-
word for it." Yet an indiscretion I done fully. —P. S.

China's M. E. Role Emerges From 1954 Error

I

multilateral discussions on the There was a moment — in Sep-
Middle East conflict.
tember, 1954—when Premier Chou
(Copyright 1972, /TA, Inc.)
All of this would appear to sup- en Lai actually announced public-
Will China become a new source port the view that Peking intends ly China's intention to establish
of frustration in the efforts to bring to keep out of the Middle East full diplomatic relations with
peace to a region vital to both morass were it not for the fact that Israel. That was the high point of
U.S. and Soviet interests? Or will China has already made common relations between Jerusalem and
China remain aloof from Middle cause with the Arabs—more spe- Peking. But the Israelis did not
East problems and concentrate on cifically with the Palestinian guer- follow it up. They preferred a go-
what, for Peking, must be the first rillas—and now seems to be em- slow policy at a time when U.S.
priority—the withdrawal of Ameri- barking on a second stage of Mid Secretary of State John Foster
can military power from East Asia East diplomacy. China has estab- Dulles, ardently supported by
and assurances that it will not be lished a base at its embassy in then Vice President Richard M.
replaced by a militarily revived Beirut, reportedly the largest Nixon, was on a full-blown crusade
Japan?
Chinese mission anywhere in the to contain China within a paper
The answer to that question is world, from which they are ex- wall of treaties.
of vital importance to Israel and petted to spread influence and
This might have
been Israel's
its friends abroad who regard money. But the intrigues of Pe-
greatest mistake with regard to
Soviet ambitions as the main king's agents seem to be directed
relations
with
China,
some
obstacle to a Mid East peace. With more at Moscow than against
Israeli political observers now
Soviet power balanced by that of Israel.
For 1954 was followed
the U.S.. they believe that Moscow
China. as the self-proclaimed believe.
by the famous Bandung Afro-
eventually can be convinced to leader and inspiration for national
all
over
the
Asian
Conference
of April 1955,
bring its Arab clients to acquiesce liberation movements
from which Israel was barred
to peace terms that Israel con- world, has been hostile toward
and at which the Arabs led by
siders essential to its security. Israel. It regards Israel as a crea-
Gams! Abdel Nasser, success-
Were China actively to enter the
of the established imperialist
fully wooed the Chinese to their
fully
Mid East scene, a three-power con- world order that, from the Chinese
side in the Middle East conflict.
frontation would develop with un- viewpoint, is already foredoomed.
predictable results. ' But apart from ideology, China
The 1956 Suez campaign further
Some observers believe that the would seem to have no grounds cemented Sino-Arab ties, especial-
emergence of China into the center for antipathy toward Israel or ly as Israel was linked as an ally
of the world affairs has already Jews in general.
and collaborator with the imperia-
affected the Mid East situation.
Unlike the Soviet Union there lists—Britain and France. Signific-
They note the deterioration in re- was never a "Jewish question" in antly, as the Russians moved in on
lations between Moscow and Cairo China and hence no domestic Egypt before and following the
which developed after Mr. Nixon political benefits to be gained from Six-Day War, the Chinese directed
announced his intention to visit fostering anti-Semitism at home. their support not to the established
Peking.
Jewish presence in China has Arab governments but to the guer-
Officially, the Israelis believe always been minimal. Apart from rilla movements. Ahmed Shukairy's
there is nothing to fear at this time a small community of Chinese Palestine Liberation Organization
from Peking. Foreign Minister Jews established in K'ai-feng Fu in and later the airliner-hijacking ter-
Abba Eban told a group of French the remote northern province of rorists of George Habash's Popular
journalists last month that China Honan in the 12th Century, the Front
Hawatmeh's
and Nayef
was not a "decisive factor in the only Jews China has known have Popular Democratic Front, became
Middle East" beyond the field of been refugees from Czarist oppres- in the Chinese lexicon, national
propaganda.
sion and Nazi persecution. At its liberators in the mold of the Viet
China, in fact, has not assumed peak, there were no more than Cong. That the terrorists turned
its prerogatives as one of the 30,000 Jews (in a country of nearly out to be a greater menace to their
Security Council's Big Five on the 1,000,000,000; they lived in the Arab host governments than to
Middle East since succeeding the foreign settlements, mainly Shang- Israel may have embarrassed the
Taiwan regime in the United Na- hai and were regarded by the Russians but not the Chinese.
tions last October. Until last month, Chinese as Europeans.
There is a likelihood now that
China did not participate in the Se-
Israel recognized and was recog- China will shifts its attention away
curity Council's Mid East debates. nized by Chiang Kai-shek's Na- from the decimated guerrillas and
The first occasion in which it did tionalist regime in 1949 but no toward the "progressive" forces in
was an emergency session called diplomatic relations were estab-
the Arab governments — notably
by Lebanon Feb. 26 over an Israeli lished, owing mainly to Israel's Egypt, Libya and Sudan which
incursion into Lebanese territory lack of funds at the time to set up seem to be growing in their dis-
to root out terrorists who had been an embassy in China.
enchantment with Moscow. But
attacking Israeli soldiers and civil-
In 1950, Israel recognized the China is in no position to exert
ians in the border region.
People's Republic of China, U.S. military muscle in the Mid East.
The
Chinese delegate, Huang objections notwithstanding, simply
Its small navy protects its own
Hua, voiced the usual ritual de- because that regime firmly con-
shores. The picture of China that
nunciation of the Israeli action. trolled the territory of China. This
emerged on the television screens
Unlike his Soviet colleague he did was a principle Israel hoped
would last month was of a vact, iron-
not support Lebanon's demand for be applied to itself,
but beyond disciplined, but incredibly poor,
sanctions nor did he engage in vitu- that there were no advantages
to nation facing tremendous domes-
perative exchanges with the Israeli be gained from the move. Israel tic problems that require austerity
delegate. China has not officially did, and still does, entertain hopes
at home and restraint abroad.
subscribed to the Security Council's for future formal relations with
Historically, in fact, China has lux-
Resolution 242 of Nov. 22. 1967. China and, while Peking did not uriated in its isolation and while
And the Chinese have indicated reciprocate the recognition, Israel it has expanded into the Asiatic
that they will not join the Big was officially thanked for the heartland, it has never sought to
Four should they ever revive their gesture. conquer non-contiguous territory.

By WILLIAM SAPIURE
JTA Staff Writer