Office of the Historian

130. Telegram from the Department of the Army to the Commander in Chief, Far East (Lemnitzer)1

Washington, April 26, 1957—6:03 p.m.

DA 921933. From TJAG signed TAG reference your FE 80473 23 Apr 57.2

This is Executive Agency Message.

1.
Although on evidence presented question posed by Girard case is admittedly a close one, you nevertheless authorized maintain position U.S. has primary right to exercise jurisdiction.
2.
FYI. We believe that matter must be resolved with Japanese in Joint Committee. Under all circumstances we believe resort to diplomatic channels would be unproductive and unwise. Moreover, desirable that trial of case take place without prolonged delay.
3.
We believe that it would be most unwise for this question to come before Japanese court for decision. First, we do not wish establish precedent of official duty issues being determined by judiciary. Second, from our point of view Girard case a poor one for initial judicial determination. End FYI
4.
Accordingly, desire that you continue to maintain position that U.S. has primary right exercise jurisdiction and attempt to resolve with Japanese. However, if, as appears likely, Japanese refuse agree, you authorized to allow Girard be tried by Japanese authorities. However, you should continue to maintain legal position that U.S. considers its certificate of line of duty correct. If necessary to permit Japanese trial you authorized to withdraw line of duty certificate although still maintaining legal position.
5.
In view of possibility of Congressional interest this matter, it is obviously to our interest that Japanese charge Girard for least serious offense possible and consistent with administration of justice, and it may be possible for you to secure Japanese agreement on this point prior to agreeing to release of Girard for Japanese trial.
  1. Source: Department of State, Central Files, 711.551/5–2057. Confidential; Priority. Attached to Document 137.↩
  2. Apparent reference to CINCFE 804743; see supra.↩