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  4. Document 182

182. Memorandum of a Conversation, President’s Guest House, Washington, June 19, 1957, 11 a.m.1

KIV/MC–2a
Washington, June 19, 1957, 11 a.m.

SUBJECT

  • Girard Case

PARTICIPANTS

  • Prime Minister Kishi
  • Ambassador of Japan Asakai
  • Director, American Affairs Bureau, Foreign Ministry, Koh Chiba
  • Assistant Secretary Robertson
  • Ambassador MacArthur
  • J. Owen Zurhellen, Jr.

During their call on the Prime Minister at the President’s Guest House, Messrs. Robertson and MacArthur asked to see the Prime Minister privately to discuss the Girard case.

Mr. Robertson said that he wanted to make it clear that the United States Government was the defendant in the motion brought by Girard’s attorney in the United States, and that the Government was endeavoring to uphold the decision of the Joint Committee. The Government was making every effort to have the trial of Girard referred to Japan, but the matter was tied up in legal proceedings. It would take some time to bring the matter through the appeals court and the Supreme Court, but the Government was prepared to take the matter to whatever court was necessary.

The President, the Secretary of State and the Secretary of Defense, Mr. Robertson continued, feel that the decision of the Joint Committee was handled in accordance with established procedures and that the decision has the support of the Executive Branch of the United States Government, from the President down. Since we must await the final decision of our courts, it would be helpful if Japan could postpone the beginning of Girard’s trial through some routine procedure. The United States was not making an official request for postponement of the trial, but felt that if it could be delayed it would be helpful from the point of view of Japan as well as that of the United States.

The Prime Minister replied that the Girard incident really was an unfortunate one for both the Japanese and the American Governments. The Japanese Government appreciates the stand taken by the United States Government in spite of the difficulties with which it is faced. It is important, he said, that both countries endeavor to prevent [Page 369] further excitement of public opinion because of this incident. Regarding the point raised by Mr. Robertson, the Prime Minister stated that he would see what could be done.

Mr. Kishi then asked how long it was expected to be before the Supreme Court could deliver its verdict. Mr. Robertson replied that he did not know exactly, but that it might be a matter of several months if the case had to go to the Supreme Court. The Supreme Court will adjourn on next Monday (June 24) and will not reconvene until about October 1. He wanted to emphasize, he continued, that the United States Government intends to fight the case to the Supreme Court if necessary.2

Ambassador MacArthur said that we wanted to avoid a situation where the Japanese court might act and demand Girard’s presence while the injunction against the United States Government is still in effect. If any means, such as a court recess, the need for time to prepare the case, or the like, could be found to postpone the beginning of the trial in Japan, it would be helpful.

Mr. Kishi replied that he understood the situation well and that he would try to work the matter out smoothly.

The meeting thereupon ended.

  1. Source: Department of State, Conference Files: Lot 62 D 181, CF 889. Secret. Drafted by Zurhellen.↩
  2. See Document 199.↩