184. Memorandum of a Telephone Conversation Between the Secretary of State and the Attorney General (Brownell), Washington, June 19, 1957, 2:56 p.m.1
TELEPHONE CALL FROM MR BROWNELL
The Sec returned the call and B said if we go to the Supreme Court it should be late today or tomorrow. Wilson is salmon fishing and they are after him to come back and share the responsibility with the Sec. We need a statement from him. The Sec said they have been trying to shove it on to the Sec. B said it is up to the Sec and the Pres to decide. We can save time going directly and we have reason to think they will accept the case. The Sec mentioned talking with the Pres about it. It would be done for full argument said B—we would not want to do it on summary basis nor would the Court. The Sec thinks we should go ahead and the Pres feels that way. He said he would follow legal advice but his instinct is to move. B said we cannot show a critical emergency but there is involved an important point of Presidential power that would have world-wide repercussions. The Sec said it affects our mutual security program and the ability to station forces abroad. They have jurisdiction on their soil except to the extent they relinquish it. B talked with Knowland—There will be a hassle in Congress re waiving jurisdiction. Knowland personally feels the Executive [Page 376] decision should be upheld. The Sec backed it because we had informed the Japanese Govt and they had acted on that. By checking through the Ambassador we found it would be serious to reverse it. B said unless you hear from us we will file in the Supreme Court.
- Source: Eisenhower Library, Dulles Papers, General Telephone Conversations. Transcribed by Bernau.↩