The Tokyo Rose Case landmark law cases & american society Peter Charles Hoffer N. E. H. Hull Series Editors recent titles in the series: Prigg v. Pennsylvania, H. Robert Baker The Detroit School Busing Case, Joyce A. Baugh The DeShaney Case, Lynne Curry The Battle over School Prayer, Bruce J. Dierenfield Fighting Foreclosure, John A. Fliter and Derek S. Hoff Little Rock on Trial, Tony A. Freyer One Man Out: Curt Flood versus Baseball, Robert M. Goldman The Free Press Crisis of 1800, Peter Charles Hoffer The Treason Trials of Aaron Burr, Peter Charles Hoffer The Woman Who Dared to Vote: The Trial of Susan B. Anthony, N. E. H. Hull Roe v. Wade: The Abortion Rights Controversy in American History, 2nd ed., revised and expanded, N. E. H. Hull and Peter Charles Hoffer Plessy v. Ferguson: Race and Inequality in Jim Crow America, Williamjames Hull Hoffer Gibbons v. Ogden: John Marshall, Steamboats, and the Commerce Clause, Herbert A. Johnson Gitlow v. New York, Marc Lendler Fugitive Slave on Trial: The Anthony Burns Case and Abolitionist Outrage, Earl M. Maltz The Snail Darter Case, Kenneth M. Murchison Capital Punishment on Trial, David M. Oshinsky The Michigan Affirmative Action Cases, Barbara A. Perry The Sodomy Cases, David A. J. Richards The Supreme Court and Tribal Gaming, Ralph A. Rossum Mendez v. Westminster, Philippa Strum The Sleepy Lagoon Murder Case: Race Discrimination and Mexican-American Rights, Mark A. Weitz The Miracle Case, Laura Wittern-Keller and Raymond J. Haberski, Jr. The Zoning of America: Euclid v. Ambler, Michael Allan Wolf Bush v. Gore: Exposing the Hidden Crisis in American Democracy, abridged and updated, Charles L. Zelden For a complete list of titles in the series go to www.kansaspress.ku.edu YASUHIDE KAWASHIMA The Tokyo Rose Case _____________________ Treason on Trial _____________________ UNIVERSITY PRESS OF KANSAS © 2013 by the University Press of Kansas All rights reserved Published by the University Press of Kansas (Lawrence, Kansas 66045), which was organized by the Kansas Board of Regents and is operated and funded by Emporia State University, Fort Hays State University, Kansas State University, Pittsburg State University, the University of Kansas, and Wichita State University Library of Congress Cataloging-in-Publication Data Kawashima, Yasuhide, 1931– The Tokyo Rose case : treason on trial / Yasuhide Kawashima. pages cm.—(Landmark law cases & American society) Includes bibliographical references and index. ISBN 978-0-7006-1904-7 (cloth : alk. paper)—ISBN 978-0-7006-1905-4 (paperback : alk. paper) ISBN 978-0-70061979-5 (ebook) 1. Tokyo Rose, 1916–2006—Trials, litigation, etc. 2. Trials (Treason)—California—San Francisco. I. Title. KF224.T63K39 2013 345.73′0231—dc23 2012049234 British Library Cataloguing-in-Publication Data is available. Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 The paper used in this publication is recycled and contains 30 percent postconsumer waste. It is acid free and meets the minimum requirements of the American National Standard for Permanence of Paper for Printed Library Materials Z39.48-1992. For A. Russell Buchanan Alexander DeConde Wilbur R. Jacobs Otey M. Scruggs CONTENTS Editors’ Preface Preface and Acknowledgments Introduction: Guilty! 1. Born on the Fourth of July 2. “Aunt Shizu Is Sick” 3. A Dozen Roses 4. The American Paparazzi 5. The Attorney General’s Abrupt Decision 6. Assembling Witnesses and the Jury Selection 7. The Prosecution’s Case 8. The Defense Rebuttal 9. The Verdict and the Sentence 10. Appeals, Threat of Deportation, and Pardon Conclusion: Prosecutorial Misconduct and the Coram Nobis Relief Chronology Bibliographical Essay Index editors’ preface Stories of palpable injustice, particularly when the victim is sympathetic, have the power to both move our emotions and rouse our indignation. The trials of Iva Ikuko Toguri d’Aquino in Japan, as an American citizen trapped during World War II, and in the United States, after she returned, fit this description. A woman of valor mistreated by both of the warring nations during and after—long after—the conflict was over, is now shown in her true colors by Yasuhide Kawashima. “Tokyo Rose,” the name that Americans gave her, never really fit, but when she finally departed Tokyo, she found that American justice was no fairer to her than Japanese officialdom. Kawashima’s account is deeply rooted in the Japanese language sources, to which he had unparalleled access, the American legal sources, which he fully exploited, and the cultures of both nations. Because of his multicultural heritage, his thorough research, and his abiding commitment to justice in this case, he pulls no punches. There are heroes and villains aplenty, in both the United States and Japan: prosecutors who sought to build careers on her conviction for voluntarily betraying her country, defense counsel who braved public censure to prove her innocence of treason, and above all ordinary men and women who befriended her because of her personal qualities. In 1977, Iva was finally pardoned by President Gerald Ford, an act of belated grace for which both houses of the California legislature and the city governments of San Francisco and Los Angeles, among others, had pleaded. Los Angeles’s act was especially moving, in light of the city’s 1948 resolution that she not be allowed to return from Japan. Interwoven in Iva’s story are larger ones—of the internment of thousands of loyal Japanese Americans during the war; of the meaning of citizenship and the nation’s commitment to the ideal of fair trial; and of the place that tabloid journalism has in our culture. Yet first and foremost, Iva’s story is hers—a story that Yasuhide Kawashima has been waiting to tell for many years. No one will read it and come away unimpressed.
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