155. Editorial Note
The Girard case was discussed at the Secretary’s Staff Meeting held at 9:15 a.m. on May 24 as follows:
“Girard Case—Extensive discussion of the case in which the Secretary pointed out among other things: (a) that it shows how closely people generally and foreign governments in particular pay attention to the President’s words in press conference, (b) the President was not sympathetic to turning Girard back, (c) the President and the Secretary felt that our SOF treaties were unclear and perhaps should be modified to reflect clearly that a member of the Armed Services should be tried by US court martial when committing a crime ‘when on duty’ and not ‘in performance of duty’. (Indeed, if it is in performance of duty it is not a crime.)
“Taken in conjunction with the Reynolds case in Formosa, the Secretary believes that the Girard case may point up the need for a basic review of our policies in stationing of troops abroad but in particular in Oriental countries.
“Action: AskedFE, in coordination with L, to prepare for submission to the President a concise statement of the law and the facts in the Girard case.” (Tentative Notes of the meeting by Howe; Department of State, Secretary’s Staff Meetings: Lot 63 D 75)
The same subject came up during Dulles’ conversation with the President held at 8:30 that evening: [Page 318]
“Following this talk [on disarmament] I discussed briefly the situation in Japan in relation to the Girard case and the situation in Taiwan resulting from the acquittal of Reynolds. It was the President’s strong feeling that prompt and radical steps had to be taken to cut down the number of our armed forces in foreign territories. He said that it was inevitable that they would sooner or later produce strong anti-American feeling.” (Memorandum of conversation by Dulles; Eisenhower Library, Dulles Papers, Meetings with the President)