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

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438 <strong>Pearl</strong> <strong>Harbor</strong>: <strong>The</strong> <strong>Seeds</strong> <strong>and</strong> <strong>Fruits</strong> <strong>of</strong> <strong>Infamy</strong><br />

Saff ord had told Kimmel about the important Japanese<br />

intercepts. But except for what he had learned about them from<br />

Rochefort in 1942, 56 Kimmel had only Saff ord’s word that they<br />

had ever existed. Even so, Kimmel didn’t want to lose the chance<br />

<strong>of</strong> having his day in court. Whenever anyone asked him about his<br />

possible court martial, he always replied that he was ready; he had<br />

always wanted “a free, open <strong>and</strong> public hearing.”<br />

“In the critical years following <strong>Pearl</strong> <strong>Harbor</strong>,” Kimmel had<br />

understood why he “had to bear, in silence, the burden <strong>of</strong> shame<br />

heaped upon [him] by the report <strong>of</strong> the Roberts Commission<br />

<strong>and</strong> by published interpretations <strong>of</strong> that report.” However, he felt<br />

that now, with our armed forces on the <strong>of</strong>f ensive on all fronts, he<br />

owed it to his family, friends, <strong>and</strong> the public to make it clear that<br />

he wanted<br />

a trial by Court-Martial at the earliest practicable date. . . . To<br />

be held under a shadow <strong>of</strong> blame for an additional prolonged<br />

<strong>and</strong> indefi nite period is intolerable. Th e public has a right to<br />

know what happened.<br />

And he, Kimmel, had “an American’s right to [his] day in<br />

court.” 57<br />

Kimmel sent his attorney, Charles B. Rugg, <strong>and</strong> his assistant,<br />

Edward B. Hanify, to Washington in the spring <strong>of</strong> 1944, to try<br />

to have Congress extend the deadline for his court martial. After<br />

a rather heated debate, Congress approved another six-month<br />

deadline extension <strong>and</strong>, at the same time, passed a joint resolution<br />

calling for investigations <strong>of</strong> the <strong>Pearl</strong> <strong>Harbor</strong> attack by both the<br />

Army <strong>and</strong> Navy. 58<br />

56Saff ord, “Th e Kita Message: No Longer a Mystery,” manuscript (copy in<br />

author’s fi les).<br />

57Kimmel, May 25, 1944, letter to Senator Sinclair Weeks (R., Mass.). Copy in<br />

Th omas Kimmel Collection. Quoted in Tol<strong>and</strong>, <strong>Infamy</strong>, 1982, pp. 78–79.<br />

58Th e New York Times, June 8, 1944, p. 14.

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