511.00/6–1353: Circular telegram

The Secretary of State to Certain Diplomatic Posts1

confidential

1201. Following is InfoGuide Bulletin 378:

[Page 1712]

Rosenbergs: (FYI begins: As Rosenberg case moves into final stages, noticeable intensification Communist exploitation appears aimed not only rally sympathy Rosenbergs, cast doubt on validity verdict, justification sentence; more importantly, exploit case to portray US as gripped by irresponsible political hysteria, of which “witch-hunting” is symptomatic but not exclusive outlet. US propaganda problem further complicated widespread intensive non-Communist emotional opposition extreme penalty, in case which, however erroneously, suspected of having been affected by pressure public opinion. This confusion partly due (a) extended, although frequently misinformed, public discussion details of case high-lighted by various Rosenberg supporters which have tended obscure long, painstaking judicial history on which justice of sentence ultimately rests; (b) consistent denial Rosenberg appeals to courts and for executive clemency, adding to belief actions in case motivated by political considerations, or at least lacking restraint, magnanimity with which Anglo-Saxon law commonly associated. As expected date execution approaches strong reaction must be expected, fully augmented by Communist propaganda.

With respect probable legal developments, Rosenberg defense may introduce several further appeals in last-minute efforts delay or commute execution, possibly including new appeal executive clemency. Execution now set June 18. Supreme Court may hand down decision on latest appeals Monday, June 15, after which it scheduled adjourn. Defense may then file new motions for Supreme Court review of lower court decisions and appeal for further stay execution pending hearing new motions. With court adjourned, appeal for stay of execution can be considered by any Supreme Court Justice. Ends FYI)

1.
In dealing this situation US official information output should continue report developments factually, following general approach outlined Department Circular telegram 862 (Infoguide Bulletin 260) February 11,2 endeavoring reflect in tone and content integrity, scrupulous impartiality with which this trial been conducted.
2.
Our objective should be continue make clear, without appearing apologetic or undignified, that Rosenbergs were tried fairly under US laws, by impartial, honorable courts, and found guilty of crime which undermined US and free world security; that they have been afforded every opportunity for defense and appeal; that so far no evidence has been presented to alter judgment of courts.
3.
In areas where Rosenberg case particular center controversy we should at this stage try avoid being drawn into detailed public [Page 1713] controversy which tends obscure major issues leaving choice of areas of contention to opposition.
4.
If detailed rebuttal required by local situation, make primary use court statements, especially Judge Kaufman’s oral opinion on motion for new trial based “new evidence” (carried European Wireless File No. 136 June 9); recall where necessary President’s statement rejecting Rosenberg clemency appeal (text carried Wireless Bulletin No. 35, February 11).
5.
Wireless File will continue provide as much useful material as possible based on developments as they occur.3
Dulles
  1. Drafted by Jaeger and Cootes; cleared in substance by Cox, MacKnight, Connors, Boughton, and Mosman; approved by Montgomery; telegraphed to 24 posts, and pouched to 59 others. A covering memorandum from Montgomery to the Telegraph Branch reads: “Please note that Department of Defense is not an addressee for distribution of the attached Infoguide Bulletin. Please make sure that Defense does not receive distribution either electronically or by information copy.”
  2. Ante, p. 1668.
  3. In circular telegram 1220, June 19, sent priority to 16 posts, Dulles “forwarded for your information” the “guidance [which] has been given to US-based media” regarding the Rosenberg case. This guidance included (a) the decisions of the Supreme Court; (b) President Eisenhower’s reply to the Rosenbergs’ request for executive clemency; and (c) “When it takes place, fact of Rosenbergs’ execution, maintaining complete silence thereafter on the topic unless given further guidance.” (511.00/6–1953) The Rosenbergs were executed several hours after this last guidance telegram was transmitted.