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Charles Fahy

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Charles Fahy
Senior Judgeof theUnited States Court of Appeals for the District of Columbia Circuit
In office
April 17, 1967 – September 17, 1979
Judge of theUnited States Court of Appeals for the District of Columbia Circuit
In office
October 21, 1949 – April 17, 1967
Appointed byHarry S. Truman
Preceded bySeat established by 63 Stat. 493
Succeeded byGeorge MacKinnon
26thSolicitor General of the United States
In office
November 1, 1941 – September 1945
Appointed byFranklin D. Roosevelt
Preceded byFrancis Biddle
Succeeded byJ. Howard McGrath
Assistant Solicitor General of the United States
In office
October 1, 1940[1]– November 1, 1941
Preceded byGolden W. Bell[2]
Succeeded byNewman A. Townsend[2]
General Counsel of theNational Labor Relations Board
In office
September 16, 1935[3]– September 27, 1940[3]
Preceded byCalvert Magruder[4]
Succeeded byRobert B. Watts[3]
2ndLegal Adviser of the Department of State
In office
June 19, 1946 – August 15, 1947
Preceded byGreen Hackworth
Succeeded byErnest A. Gross
Personal details
Born
Charles Fahy

(1892-08-17)August 17, 1892
Rome, Georgia,U.S.
DiedSeptember 17, 1979(1979-09-17)(aged 87)
Washington, D.C.,U.S.
SpouseMary Agnes Lane
Children4
EducationUniversity of Notre Dame(AB)
Georgetown University(LLB)
Military service
Years of service1917–1919
RankLieutenant (junior grade)
UnitNorthern Bombing Group
Battles/warsWorld War I
AwardsNavy Cross

Charles Fahy(August 27, 1892 – September 17, 1979) was an American lawyer and judge who served as the 26thSolicitor General of the United Statesfrom 1941 to 1945 and later served as aUnited States circuit judgeof theUnited States Court of Appeals for the District of Columbia Circuitfrom 1949 until his death in 1979.

Education and early career

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Born on August 27, 1892, inRome,Georgia,Fahy was the son of Thomas and Sarah (Jonas) Fahy.[5]Fahy received anArtium Baccalaureusdegree in 1911 from theUniversity of Notre Dameand received aBachelor of Lawsin 1914 fromGeorgetown Law.[6][5][7][8][9]He was admitted to the District of Columbia bar the same year.[10][11]He entered private practice inWashington, D.C.from 1914 to 1924, which included criminal defense in capital cases.[12][13]He served in theUnited States Naval ReserveduringWorld War Ifrom August 1917 to January 1919 as anaval aviatorattached to the British and American forces.[14]Fahy was awarded theNavy Cross.[15][16]He served in the United States, England and France and attained the rank ofLieutenant (junior grade).He resumed private practice in Washington, D.C. after the war.[17][18][19]He moved his private practice toSanta Fe,New Mexicofrom 1924 to 1933.[20]He was city attorney for Santa Fe in 1932.[20]

Executive branch service

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J. Warren Madden(left), Chair of theNational Labor Relations Board(NLRB), is shown going over testimony with Fahy (right), General Counsel of the NLRB, andNathan Witt,NLRB Executive Secretary, prior to testifying before Congress on December 13, 1937

Fahy was first assistant solicitor for theUnited States Department of the Interiorin 1933.[20]He was a member of the Petroleum Advisory Board from 1933 to 1935, serving as chairman from 1934 to 1935.[20]He was general counsel for theNational Labor Relations Boardfrom 1935 to 1940.[20]He was an Assistant Solicitor General with theUnited States Department of Justicein 1940.[20]He was a member of the President's Naval and Air Base Commission to London in 1941.[20]He was the 26thSolicitor General of the United Statesfrom 1941 to 1945.[20]He was Legal Adviser of theOffice of Military Government, United StatesinGermanyfrom 1945 to 1946.[20]He was adviser to the American delegation to theSan Francisco Conferencein 1945.[20]He wasLegal Adviserof theUnited States Department of Statein 1946.[20]He resumed private practice in Washington, D.C. from 1947 to 1949.[20]He was a member of the Legal Commission of theUnited Nations General Assemblyfrom 1947 to 1949.[20]He was Chairman of thePresident's Committee on Equality of Treatment and Opportunity in the Armed Servicesfrom 1948 to 1950.[20]He was Chairman of the Personnel Security Review Board of theAtomic Energy Commissionin 1949.[20]

Federal judicial service

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Fahy received arecess appointmentfrom PresidentHarry S. Trumanon October 21, 1949, to theUnited States Court of Appeals for the District of Columbia Circuit,to a new seat authorized by 63 Stat. 493.[20]He was nominated to the same position by President Truman on January 5, 1950.[20]He was confirmed by theUnited States Senateon April 4, 1950, and received his commission on April 7, 1950.[20]He assumedsenior statuson April 17, 1967.[20]His service terminated on September 17, 1979, due to his death in Washington, D.C.[20]

Japanese American internment cases

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Fahy defended the government in four cases that challenged aspects ofinternment of Japanese AmericansduringWorld War II.During preparations for theHirabayashi v. United StatesandYasui v. United Statesin 1943, Assistant Attorney GeneralEdward Ennispresented Fahy with aNaval Intelligencereport from 1942 that recommended limited internment of Japanese Americans over mass confinement.[21]The plaintiffs in both cases had been arrested and convicted for violating the curfew and exclusion orders related toExecutive Order 9066,and both men separately filed appeals that eventually landed in the Supreme Court. Ennis urged Fahy to submit the ONI report as evidence, but because it directly contradicted theWestern Defense Command's argument that it was impossible to determine Japanese American loyalty on an individual basis, Fahy withheld the information and won both cases.[22][23][24]He also successfully argued the landmark case ofKorematsu v. United Statesin 1944, in which the Supreme Court validated the constitutionality of the executive and military orders forcing the relocation of Japanese Americans into camp. Ennis and other aides brought to Fahy's attention FBI and FCC reports that disproved the claims of Japanese American sabotage key to the government's argument; Fahy inserted an ambiguously worded footnote in his court brief that did not specifically mention the contradicting evidence, and the Court ruled against Korematsu.[22][24][25]The fourth case,Ex parte Endo,was decided in the plaintiff's favor and effectively ended the incarceration.[26][27]

In the 1980s, researchersPeter IronsandAiko Herzig-Yoshinagauncovered evidence that Fahy deliberately suppressed information indicating Japanese Americans were not a threat to national security, and theKorematsu,Yasui,andHirabayashiconvictions were all overturned.[28]In 2011, Acting Solicitor GeneralNeal Katyalformally acknowledged Fahy's misconduct in the cases.[29][30]Alternatively, Charles J. Sheehan, Fahy's grandson, argues that his grandfather did not withhold evidence.[31]

Hiss Case involvement

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In August–September 1948, Fahy was one of many prominent lawyers who advisedAlger Hisson whether to file a defamation suit againstWhittaker Chambersafter Chambers stated on NBC Radio'sMeet the Pressthat Hiss had been a Communist.[32]On August 31, 1948, Hiss wrote to his lifelong friend and fellow Harvard lawyerWilliam L. Marbury, Jr.:

I am planning a suit for libel or defamation... The number of volunteer helpers is considerable: Freddy Pride ofDwight, Harris, Koegel & Casking(the offshoot of youngCharles Hughes' firm), Fred Eaton ofShearman and Sterling,Eddie MillerofMr. Dulles' firm,Marshall McDuffie, now no longer a lawyer; in WashingtonJoe Tumulty,Charlie Fahy, Alex Hawes,John Ferguson(Mr.Ballantine's son-in-law) and others–but the real job is get general overall counsel and that fortunately is now settled, but we must move swiftly as so far the committee with its large investigating staff and considerable resources has been able to seize the initiative continuously and regularly. Everyone has been most helpful...[32]

Awards

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Commissioned bust of Fahy

Fahy was the recipient of a number of awards, including the Navy Cross (1917), a medal for military merit (1946), the Robert S. Abbott Memorial Award (1951), John Carroll Award from the Georgetown University Member Alumni (1953), and the D.C. Distinguished Service Award (1969).[33]

Family

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He married Mary Agnes Lane in June 26, 1929, in Washington, D.C.; they had four children.[33]

References

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  1. ^Register of The Department of Justice and the Courts of the United States (Volumes 30-40, 1924-)
  2. ^abOFFICE OF LEGAL COUNSEL - Department of Justice
  3. ^abcGeneral Counsels Since 1935
  4. ^Decisions of the National labor relations board.... jul.1934/dec.1934
  5. ^abNewman, Roger K. (2009).The Yale Biographical Dictionary of American Law.New Haven, CT: Yale University Press. p.191.ISBN978-0300113006.RetrievedSeptember 29,2017.navy cross charles fahy.
  6. ^"Alumni of Notre Dame Banquet College Team".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. May 16, 1912. p. 24.RetrievedSeptember 29,2017.
  7. ^"To Confer Law Degrees".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. June 3, 1912. p. 20.RetrievedSeptember 29,2017.
  8. ^"Four Hundred Get College Degrees".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. June 16, 1914. p. 3.RetrievedSeptember 29,2017.
  9. ^"Georgetown U. Graduates 417".The Washington herald.Library of Congress Historic Newspapers. June 17, 1914. p. 2.RetrievedSeptember 29,2017.
  10. ^"153 New Lawyers Admitted to the Bar".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. October 6, 1914. p. 11.RetrievedSeptember 29,2017.
  11. ^"The Courts, Court of Appeals".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. October 13, 1914. p. 18.RetrievedSeptember 29,2017.Charles Fahy...admitted to practice
  12. ^"The Courts, District Supreme Court, Probate Court".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. December 15, 1914. p. 19.RetrievedSeptember 29,2017.
  13. ^"City News in Brief".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. April 3, 1917. p. 3.RetrievedSeptember 29,2017.Howard Moore, colored, who pleaded guilty to manslaughter...Attorney Charles Fahy appeared for prisoner.
  14. ^"Charles Fahy, Aviator, Honored".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. January 24, 1919. p. 10.RetrievedSeptember 29,2017.
  15. ^Silber, Norman Isaac (2004).With All Deliberate Speed: The Life of Philip Elman: an Oral History Memoir.Ann Arbor, MI: University of Michigan Press. p. 141.ISBN0472114255.RetrievedSeptember 29,2017.
  16. ^Charles Fahey (Military Times Hall of Valor - Navy Cross award citation)
  17. ^"Own Lies Trapped Wan, Says Laws".The Washington times.Library of Congress Historic Newspapers. January 8, 1920. p. 2.RetrievedSeptember 29,2017.
  18. ^"Will Not Grant Retrial for Wan".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. May 7, 1920. p. 2.RetrievedSeptember 29,2017.
  19. ^"Mattingly Urges Speeding Courts".Evening star. (Washington, D.C.).Library of Congress Historic Newspapers. January 6, 1924. p. 13.RetrievedSeptember 29,2017.
  20. ^abcdefghijklmnopqrst"Fahy, Charles - Federal Judicial Center".fjc.gov.
  21. ^Yamamoto, Eric K.; Chon, Margaret; Izumi, Carol L.; Kang, Jerry; Wu, Frank H.Race, Rights and Reparation: Law and the Japanese American Internment(New York: Aspen Law & Business, 2001), pp 306-07.
  22. ^abNiiya, Brian."Charles Fahy".Densho Encyclopedia.Retrieved21 August2014.
  23. ^Irons, Peter.Justice at War: The Story of the Japanese American Internment Cases(Berkeley: University of California Press, 1983), pp 195-98, 202-07.
  24. ^abIrons.A People's History of the Supreme Court(New York: Penguin Books, 1999), pp 362-63.
  25. ^Irons.Justice at War,pp 285-86.
  26. ^Irons.Justice at War,pp 318-19, 324.
  27. ^Yamamoto, et al.Race, Rights and Reparation,p 169.
  28. ^Niiya, Brian."Coram nobis cases".Densho Encyclopedia.Retrieved21 August2014.
  29. ^Savage, David G. (May 24, 2011)."U.S. official cites misconduct in Japanese American internment cases".Los Angeles Times.
  30. ^Russo, Tracy (May 20, 2011)."Confession of Error: The Solicitor General's Mistakes During the Japanese-American Internment Cases".The Justice Blog.Department of Justice. Archived fromthe originalon 19 February 2013.Retrieved25 June2013.
  31. ^Sheehan, Charles J."Solicitor General Charles Fahy and Honorable Defense of the Japanese-American Exclusion Cases",American Journal of Legal History(54:4), October 2014. Also see Peter Irons, "How Solicitor General Charles Fahy Misled the Supreme Court in the Japanese American Internment Cases: A Reply to Charles Sheehan,"American Journal of Legal History,Vol. 55, pp. 208–226 (April 2015). Irons discounts the objectivity of Charles Sheehan, noting he is Fahy's grandson. The Department of Justice and the Solicitor General's Office have not changed their position on Fahy's misconduct. Additionally, see Charles Sheehan's reply:"Charles Fahy, 'Brilliant Public Service as Solicitor General,' A Reply to Peter Irons",American Journal of Legal History,Vol. 55, Issue 3 (September 2015). (The quote regarding Charles Fahy's "Brilliant Public Service as Solicitor General" is from JusticeWilliam J. Brennan,"Charles Fahy",54Georgetown Law Journal1 (1964–65)).
  32. ^abHiss, Alger(31 August 1948)."(Letter to William Marbury)".Maryland Historical Society.Retrieved29 September2017.
  33. ^ab"Solicitor General: Charles Fahy".justice.gov.23 October 2014.

External sources

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Public DomainThis article incorporatespublic domain materialfrom websites or documents of theSolicitor General of the United States.

Legal offices
Preceded by Solicitor General of the United States
1941–1945 		Succeeded by
Preceded by Legal Adviser of the Department of State
1946–1947 		Succeeded by
Preceded by
Seat established by 63 Stat. 493
 Judge of theUnited States Court of Appeals for the District of Columbia Circuit
1949–1967 		Succeeded by
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