A
newly declassified document from 1950 shows that J. Edgar Hoover, the
longtime director of the U.S. Federal Bureau of Investigation, had a
plan to suspend habeas corpus and imprison some 12,000 Americans he
suspected of disloyalty.
Hoover sent his plan to the White House on July 7, 1950, 12 days
after the Korean War began. It envisioned putting suspect Americans in
military prisons.
Hoover wanted President Harry Truman to proclaim the mass arrests
necessary to "protect the country against treason, espionage and
sabotage." The FBI would "apprehend all individuals potentially
dangerous" to national security, Hoover's proposal said. The arrests
would be carried out under "a master warrant attached to a list of
names" provided by the bureau.
The names were part of an index that Hoover had been compiling for
years. "The index now contains approximately twelve thousand
individuals, of which approximately ninety-seven percent are citizens
of the United States," he wrote. "In order to make effective these
apprehensions, the proclamation suspends the Writ of Habeas Corpus."
Habeas corpus, the right to seek relief from illegal detention, has
been a fundamental principle of law for seven centuries. The Bush
administration's decision to hold suspects for years at Guantánamo Bay,
Cuba, has made habeas corpus a contentious issue for the U.S. Congress
and the Supreme Court.
The U.S. Constitution says habeas corpus shall not be suspended
"unless when in cases of rebellion or invasion, the public safety may
require it." The plan proposed by Hoover, the head of the FBI from 1924
to 1972, stretched that clause to include "threatened invasion" or
"attack upon United States troops in legally occupied territory."
Hoover's plan was declassified Friday as part of a collection of
documents concerning intelligence issues from 1950 to 1955. The plan
called for "the permanent detention" of 12,000 suspects at military
bases as well as in federal prisons.
The FBI, he said, had found that the arrests it proposed in New York
and California would cause the prisons there to overflow. So the bureau
had arranged for "detention in Military facilities of the individuals
apprehended" in those states.
The prisoners eventually would have had a right to a hearing under
the Hoover plan. The hearing board would have comprised one judge and
two citizens. But the hearings "will not be bound by the rules of
evidence."
Hoover's July 1950 letter was addressed to Sidney Souers, who had
served as the first director of central intelligence and was then a
special national-security assistant to Truman. The plan also was sent
to the executive secretary of the National Security Council, whose
members were the president, the secretary of defense, the secretary of
state and the military chiefs.
In September 1950, Congress passed and Truman signed a law
authorizing the detention of "dangerous radicals" if the president
declared a national emergency. But no known evidence suggests any
president approved Hoover's proposal.