162. Memorandum for the Record of a Meeting, White House, Washington, May 28, 1957, Noon1
A meeting was held in the President’s office at noon on May 28 on further action in the Girard case.2 Attending were Secretaries Dulles, Wilson, Robertson, Sprague, Mr. Dechert, Generals Stan Jones, Randall, Persons, Goodpaster, Mr. Morgan.
There was a rather full discussion of a number of possible lines of action. A proposal to have the Attorney General review the procedures that have been followed was made, but was not adopted. A suggestion that the Japanese might conduct a trial in absentia, with suspension of whatever sentence might result, was not considered feasible of accomplishment. In the course of discussion on provisions of the Status of Forces agreement which apply in the event of disagreement as to whether an action occurred in “performance of an official act” different individuals present cited different provisions as applicable. It was pointed out, however, that in the Girard case the agreement to turn him over to the Japanese was premised upon the waiver provision. The position is therefore that the United States, through an official representative, in effect gave a waiver of jurisdiction, and agreement was reached with the Japanese representative on this basis. There was discussion of the serious adverse consequences likely to ensue should the United States now refuse to honor that agreement. There was discussion also of adverse consequences to be expected from surrendering jurisdiction.
After further discussion, agreement was reached on behalf of the Defense Department and the State Department that the United States should go ahead with its commitment to turn over jurisdiction. Secretary Dulles and Secretary Wilson agreed to join in the responsibility for this action, basing it upon the fact that the United States had [Page 334] waived jurisdiction. They undertook to prepare a suitable press statement.3 The President approved these arrangements.4
Brigadier General USA
- Source: Eisenhower Library, Whitman File, DDE Diaries. Confidential. Drafted by Goodpaster on May 29.↩
- The President
also discussed the Girard case at the Legislative Leadership meeting
held the morning of May 28. Minnich’s Supplementary Notes concerning this part
of the meeting read as follows:
“Girard Case—The President told the Leaders that the best bet in this difficult case seemed to be to try to get both sides to postpone the matter till it quieted down a bit. Since all the procedures had been followed and we had agreed to Japanese jurisdiction (a mistake, the President thought) on the grounds that it was not a clearcut case, now the word of the U.S. Government was at stake should we insist on jurisdiction. It is awfully hard, he pointed out, for a great nation to turn around and say it didn’t mean what it said in the first instance. The President added that this sort of thing gave reason for pressing review of the desirability of maintaining U.S. forces in the Far East.” (Ibid., Legislative Meetings)
↩ - See footnote 2, Document 166.↩
- MacArthur was informed of the decision in telegram 2662 to Tokyo, sent the evening of May 29. (Department of State, Central Files, 711.551/5–2957)↩