Marshalling Justice by Michael G. Long

Author:Michael G. Long
Language: eng
Format: epub
Publisher: HarperCollins

J. EDGAR HOOVER TO WALTER WHITE

Hoover appeals directly to the head of the NAACP.

JANUARY 13, 1947

Dear Mr. White:

In accord with our understanding, I wanted to bring to your attention a situation which is causing me increasing concern. It relates to the repeated efforts upon the part of Mr. Thurgood Marshall, special counsel of your Association, to embarrass the Federal Bureau of Investigation and to discredit its investigation, particularly of cases involving the civil rights of Negroes. This situation is of particular concern to me at this time because Attorney General Clark has brought to my attention a letter addressed to him by Mr. Marshall on December 27, 1946, in which Mr. Marshall is unfairly critical of the work of the bureau in investigating cases involving the civil rights of Negroes.

As you know, I have endeavored through the years to so administer the work of the Federal Bureau of Investigation that all of its work would be carried out on a judicial, impartial, nonpartisan basis. Whenever information has been brought to my attention alleging that an individual agent has not conducted himself in an entirely ethical, fair and impartial manner, I have immediately initiated an administrative inquiry, and where the circumstances justified it, I have not hesitated to take drastic administrative action. Despite these efforts, however, it does not appear that Mr. Marshall has accepted the fact that the Bureau endeavors to do a thorough job in its investigative work, regardless of the identity of the persons involved in the investigation.

I, of course, recognize the right of Mr. Marshall to have a personal opinion about the bureau and I recognize his right to express that opinion. I do think, however, that when Mr. Marshall, in his official capacity, addresses a letter to the attorney general of the United States relating to the work of the Federal Bureau of Investigation, he might reasonably be expected to be truthful as to the facts in the situation about which he complains.

It is an unfortunate fact that the federal statutes penalizing violations of civil rights are not as broad or comprehensive as they could be. It is a further fact that these federal statutes do not embrace all of the situations in which the bureau has conducted investigation and, through the United States attorneys, presented the results of its investigation to a grand jury. As you realize, however, the Federal Bureau of Investigation has nothing whatsoever to do with the nature or context of federal statutes which are initiated, approved and placed on the statute books by the Congress of the United States. If these statutes are defective or inadequate, the responsibility is that of Congress. I do not believe it is ethical or fair of Mr. Marshall to charge the bureau with dereliction of duty when a grand jury finds that a federal statute has not been violated or a petit jury finds a defendant not guilty of a violation of a federal statute, despite the fact that the bureau has conducted a complete and thorough investigation of the facts in a particular case.

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