Pearl Harbor: The Seeds and Fruits of Infamy - Ludwig von Mises ...

416 Pearl Harbor: The Seeds and Fruits of Infamy
above those of the national welfare, which he recognized “appears
to require that my trial be delayed.” 17 Knox sympathized with
Kimmel and commended him for his “patriotic spirit,” which
was, he said, “in keeping with the best naval traditions.” 18
Kimmel was eager to do battle and undertook an active campaign
to learn the truth. He would not let the matter rest. He
began to prepare for the hearing he hoped to have. In November
1943, he asked Knox for copies of Navy Department dispatches,
letters, intelligence reports, etc., sent between January 1 and
December 17, 1941, plus copies of the war plans and operating
plans that were in eff ect on December 7, 1941. 19
In January 1944, “on the advice of [his] trusted long-time
friend, Captain Robert A. Lavender, U.S. Navy,” Kimmel hired
Charles B. Rugg of the Boston law fi rm of Ropes, Gray, Best,
Coolidge and Rugg, to help in his crusade. 20 On January 27,
Kimmel, Rugg, and Lavender met to discuss the situation.
Kimmel asked Rugg to go to Washington and try to arrange
to have the deadline for his court-martial extended. Rugg warned
him:
Admiral, this is the crossroads. If I go down there and have this
Statute [the extension of the court martial statute of limitations]
passed, we’re going to be in for a tempestuous time.
17Kimmel’s September 17, 1943 letter to Knox quoted in Washington Star,
March 29, 1944.
18Knox memo to Kimmel, September 10, 1943.
19Kimmel memo to Knox, November 26, 1943.
20Husband E. Kimmel, Admiral Kimmel’s Story (Chicago: Henry Regnery,
1955), p. ix. Rugg was hired January 19, 1944, according to John Toland’s
interview of Edward B. Hanify, August 29,1979, on fi le with Toland’s papers
in FDR Library, Hyde Park, N.Y. Captain Robert A. Lavender (Annapolis,
class of 1912, #03895) was Kimmel’s “counsel” (Kimmel January 24, 1944
memorandum).