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

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1944: A Year <strong>of</strong> Investigations 423<br />

<strong>of</strong> “depositions,” others <strong>of</strong> “courts <strong>of</strong> inquiry,” <strong>and</strong> still others<br />

which were “neither those <strong>of</strong> depositions or courts <strong>of</strong> inquiry.”<br />

Kimmel’s counsel, Robert A. Lavender, pointed out that it was<br />

important that any testimony taken should be “sealed <strong>and</strong> delivered<br />

to the Judge Advocate <strong>of</strong> the court as custodian <strong>and</strong> presented<br />

to the accused in a reasonable time for examination <strong>and</strong><br />

to make objections as to the introduction <strong>of</strong> evidence.” As there<br />

was no assurance that the Hart Inquiry testimony taken would<br />

be “sealed <strong>and</strong> . . . held inviolate” until a court martial, or that a<br />

witness’s testimony would not be used in a court martial unless<br />

he was dead, insane, or could not appear for some other reason, 7<br />

Kimmel “decline[d] to attend or participate in the proceedings<br />

before Admiral Hart.” 8<br />

<strong>The</strong> Hart Inquiry (March 7, 1944–June 15, 1944)<br />

In the course <strong>of</strong> interviewing naval <strong>of</strong>fi cers, Hart traveled from<br />

Washington, D.C., to New York, San Francisco, <strong>Pearl</strong> <strong>Harbor</strong>,<br />

the USS Iowa, <strong>and</strong> the isl<strong>and</strong> <strong>of</strong> Guadalcanal in the southwest<br />

Pacifi c. 9 Most <strong>of</strong> the men he questioned had served with Kimmel<br />

in <strong>Pearl</strong> <strong>Harbor</strong> prior to December 7, 1941, but several had held<br />

positions in Washington at the time <strong>of</strong> the attack <strong>and</strong> testifi ed<br />

from a Washington viewpoint.<br />

By December 1941 there seemed little doubt among those<br />

who were following events closely that war with Japan was inevitable.<br />

As a matter <strong>of</strong> fact, in Hawaii on Sunday, November 30,<br />

1941, precisely one week before the attack, banner headlines on<br />

7Kimmel/Rugg/Lavender memor<strong>and</strong>um, undated, copy forwarded to Kimmel<br />

by Lavender under date <strong>of</strong> March 18, 1944. Typed copy <strong>of</strong> original in author’s<br />

fi les.<br />

8Kimmel memor<strong>and</strong>um to Knox, March 16, 1944. Typed copy <strong>of</strong> original in<br />

author’s fi les.<br />

9Hart’s itinerary, Joint Committee, <strong>Pearl</strong> <strong>Harbor</strong> Attack, part 26, pp. 9, 217, 241,<br />

291, 299, 349, 367, 397, 403, 453, 465.

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