"The Roosevelt administration, never much concerned with the document FDR swore four times to “preserve, protect, and defend,” was determined to defend its policies toward Americans of Japanese descent at all costs, even to the point of lying to the highest court in the land. Solicitor General Charles Fahy defended the administration’s policies before the Supreme Court in the cases brought by Hirabayashi and Korematsu. Fahy argued that the curfew and relocation were matters of “military necessity” and “military urgency.” The court bought Fahy’s arguments and upheld Hirabayashi’s and Korematsu’s convictions, thereby declaring the administration’s policies constitutional.
Fast-forward to 2010. In the course of doing research on some immigration cases, Acting Solicitor General Neal Katyal began looking into the World War II internment cases. On May 24, 2011, at a Justice Department event honoring Asian Americans and Pacific Islanders, Katyal
revealed the following:
By the time the cases of Gordon Hirabayashi and Fred Korematsu reached the Supreme Court, the Solicitor General had learned of a key intelligence report that undermined the rationale behind the internment. The Ringle Report, from the Office of Naval Intelligence, found that only a small percentage of Japanese Americans posed a potential security threat, and that the most dangerous were already known or in custody. But the Solicitor General did not inform the Court of the report, despite warnings from Department of Justice attorneys that failing to alert the Court “might approximate the suppression of evidence.” Instead, he argued that it was impossible to segregate loyal Japanese Americans from disloyal ones. Nor did he inform the Court that a key set of allegations used to justify the internment, that Japanese Americans were using radio transmitters to communicate with enemy submarines off the West Coast, had been discredited by the FBI and FCC. And to make matters worse, he relied on gross generalizations about Japanese Americans, such as that they were disloyal and motivated by “racial solidarity.”
“It seemed obvious to me that we had made a mistake,” Katyal added. “The duty of candor wasn’t met.”
The Roosevelt Justice Department had done far more than simply make a “mistake.”
“This was a deliberate, knowing lie by Fahy to the Supreme Court,” University of California at San Diego Professor Peter Irons
told the Los Angeles Times. In the 1980s, wrote the paper, Irons “had found reports in old government files that showed the U.S. military did not see Japanese Americans as a threat in 1942. His research led to federal court hearings that set aside the convictions of Korematsu and Hirabayashi. Congress later voted to have the nation apologize and pay reparations to those who were wrongly held.”
According to the
Times, Katyal said Fahy’s suppression of evidence “harmed the court, and it harmed 120,000 Japanese Americans. It harmed our reputation as lawyers and as human beings, and it harmed our commitment to those words on the court’s building: Equal Justice Under Law.”"
FDR’s Solicitor General Withheld Evidence in Japanese Internment Cases