Kennedy Justice

by Victor S. Navasky

Nowhere was the clash between idealism and expediency that characterized the Kennedy brothers more apparent during their years in power than at the crossroads of the American legal system, the Department of Justice. This story of how the moral measure of their leadership was most severely tested - how boldly were imperiled liberties championed; how effectively were overlords of corruption prosecuted; how wisely were judges picked; how well, in short, was justice served - has never been told before. Until this book. Victor Navasky's intensive investigative research over a period of five years details and sheds light on many heavily shrouded subjects from the Kennedy era. The result is a remarkable case study in the dynamics of the American political system.

Genres: History, Politics, Nonfiction

576 pages, Paperback

First published January 1, 1971

About the author

Victor Saul Navasky (born July 5, 1932) is an American journalist, editor, publisher, author and professor at the Columbia University Graduate School of Journalism. He was editor of The Nation from 1978 until 1995, and its publisher and editorial director 1995 to 2005. In November 2005 he became the publisher emeritus. Navasky's book Naming Names (1980) is considered a definitive take on the Hollywood blacklist. For it he won a 1982 National Book Award for Nonfiction.

Reviews

[Arnold Corso · Rating 5 out of 5]

This book is a somewhat odd candidate for republication. It's over 40 years old at this point. There have been hundreds of books about Robert Kennedy since the early 1970s. So the first question prospective readers might have about this book is if it's worth reading. Does Victor S. Navasky provide any fresh insights? Was this book rereleased simply to take advantage of increased interest in Kennedy with the 50th anniversary of JFK's assassination? In short, a resounding "yes" to the first question and "no" to the second. This book still provides valuable insights even after 40 years.

Navasky's goal with Kennedy Justice is to focus on the powers and limits of the office of Attorney General under Robert Kennedy. Navasky argues, with reason, that RFK was in a unique position to take advantage of his office because of his unique relationship with President JFK. Navasky's approach is unique in focusing not just on this period of RFK's life but also focusing so narrowly on his performance as Attorney General. Unlike many books about the Kennedys, Navasky keeps his promise and his focus. This book doesn't devolve into a general biography of RFK.

Navasky does an outstanding job portraying bureaucratic politics. He gets into the minutiae of how RFK managed - or failed to manage - the FBI and civil rights. Navasky shows how an exchange of particular memos or telephone calls had profound implications for Kennedy's ability to rein in J. Edgar Hoover. For example, Hoover used memoranda on wiretapping and bugging to implicate RFK in condoning those activities. Navasky also uses extensive quotes or transcripts from calls, memos, etc to convey the day-to-day activities of the Kennedy Justice Department. This allows Navasky to provide a more nuanced and realistic look at government administration than most books about the Kennedys, which tend to focus on the drama or personalities involved.

The extent to which the FBI obstructed Justice Department investigations and attempts to enforce civil rights is downright shocking. While many other books have been written about the FBI, Navasky does a particularly good job trying to understand the institution. Navasky likens the FBI under Hoover to a secret society, which might sound extreme but actually works quite well as an analogy. Navasky is very through in his exploration of reasons for the FBI's - and, by extension, Hoover's - intransigence.

The book is on shakier grounds when assessing the motivations of Kennedy's staff. Navasky attempts to figure out why RFK did not exert more control over Hoover. He tends to conclude that RFK simply conceded to bureaucratic realities and thought compromise would yield better results. However, there are later allegations that RFK worried Hoover had compromising information about JFK's sexual exploits. There is also relatively little exploration of the political deal-making and electoral politics that often influenced RFK's ability to enforce civil rights in the South. This certainly doesn't undermine the book's credibility, but readers should be aware that Navasky could not always tell the full story (partly due to the lack of information at the time he was writing).

Given that the book was initially written during the early 1970s, I wish this new edition had an editor's note or even new chapters putting Navasky's work in context. I have read several books about RFK but admit I did not focus on the issues discussed in Kennedy Justice. I don't have a good sense of how research during the past four decades has influenced our understanding of Kennedy's tenure as Attorney General. To my knowledge, Navasky's Kennedy Justice is still the only book focused exclusively on this aspect of RFK's life, but I can't imagine we haven't learned anything new during the interim.

For some readers, this lack of modern context might prove even more of a hinderance to appreciating the book. Navasky assumes most readers will know the basic history of the early 1960s, including key figures such as George Wallace. That's probably fair for most readers, but be aware that this is not a book for beginners. Navasky does not spend much time introducing periphery characters or events. We don't beta 50 page digression into the history of the FBI. I for one appreciate this because Navasky keeps the focus on RFK's attorney generalship, but I'd also advise that readers should at least have a passing familiarity with RFK's life and the civil rights movement.

Overall, I'd definitely recommend this book to anybody interested in RFK, but also scholars interested in bureaucratic politics and law enforcement.

[Bob · Rating 4 out of 5]

Summary: A study of Robert F. Kennedy's tenure as Attorney General and head of the Department of Justice during the John F. Kennedy and Johnson presidencies.

Several full length biographies of Robert F. Kennedy have been published including the classic by Arthur Schlesinger and more recent ones by Chris Matthews and Evan Thomas. This work looks at a four year period of Kennedy's life, from 1961 to 1964 when he served as the Attorney General of the United States, heading up the Department of Justice. Victor S. Navasky, in a book originally published three years after Kennedy's untimely assassination in 1968, explores the character of Kennedy's leadership in this position, the focus of his efforts, and both his signal accomplishments, and shortcomings. Navasky uses phone transcripts, memos and correspondence, extensive interviews and research to give an indepth look at Kennedy's years at the Department of Justice.

The first part, "The Code of the FBI" explores Kennedy's relationship with the FBI, particularly in his efforts to fight organized crime and in the field of Civil Rights. This section explores the skill with which he was able to work with, and around J. Edgar Hoover's self-protective agency. There was the delicate dance around bugging and wiretapping of crime families in which Kennedy believed only legal efforts were being pursued, and Hoover believed he had authority from the AG (and former AGs) to conduct these investigations. There was the refusal of the FBI to intervene in civil rights matters, but only to collect evidence, forcing Kennedy to mobilizing other DOJ attorneys and investigators to intervene, sometimes at great personal risk. The Department of Justice prosecuted record numbers of crime family members, protected Freedom Riders, defended voting rights, help pass the Civil Rights Act of 1964--and failed to change the way the FBI worked under Hoover.

Part Two, "The Code of the Ivy League Gentleman" looks at the incredibly talented group of people Kennedy surrounded himself with men like Burke Marshall, Nicholas Katzenbach, Louis Oberdorfer, John Doar, and Solicitor General Archibald Cox. It speaks highly of Kennedy, a University of Virginia law grad who gathers Harvard and Yale educated luminaries and inspires them to excellence. There was just one problem--the code of the Ivy League Gentleman. The belief was that calm, rational negotiation could resolve any problem, a belief shown to be flawed in Kennedy's conversations with Governor Ross Barnett, when Kennedy was seeking to uphold legal rulings admitting James Meredith to the University of Mississippi. Ultimately it took the National Guard, because Kennedy and those around him misjudged their ability to move Barnett to action to protect Meredith. Similarly, the code that didn't question ABA ratings in the appointment of southern judges led to the appointment of judges who perpetuated the structures of southern segregation. At the same time, Navasky chronicles the skilled way Kennedy works with the meticulous Harvard professor, Archibald Cox, who served as his Solicitor General.

The third part focuses on the "Code of the Kennedys" and how Robert Kennedy lived in the tension of family loyalty and integrity as the chief law enforcement officer of the country. Navasky illustrates this with the efforts Robert Kennedy engaged in to coordinate a humanitarian donation to Cuba in exchange for the release of the Bay of Pigs prisoners. There was family honor to be upheld in securing the prisoner's release, laws and regulations to be negotiated, and logistics to coordinate. RFK's skilled work with the "honorary" Kennedys to cut through red tape accomplished a seemingly impossible exchange. At the same time, family political ties did not prevent RFK's Department of Justice from prosecuting political corruption. Finally, there was the family vendetta against teamster boss Jimmy Hoffa, done within the provisions of the law, yet devoting disproportionate resources to the effort that set questionable precedents for the department.

The book traces Kennedy's growing commitment to civil rights and the eventual shift in focus from organized crime to civil rights during his tenure. It portrays an Attorney General skilled in the management of relationships and able to evoke excellence and energy in people who already came with high qualifications. Navasky portrays Kennedy as a man of high ideals who used his skills to tackle problems connected with the pursuit of those ideals, yet without a vision that looked beyond problems. Nowhere was this more apparent in his tolerance of Hoover's entrenched leadership and non-cooperation.

So, why read a book on an Attorney General from more than fifty years ago? It reminds us of the vital role the Attorney General plays as the people's attorney. It underscores the vital need that the AG, a presidential appointee, in this case, a presidential brother, is not the president's lawyer but the people's lawyer. It meant prosecuting political friends when those friends broke the law. It reminds us that justice is for all citizens, even when established party structures in the south are challenged by the series of voting rights cases filed by the Department of Justice. It also underscores the continuing tension of the relationship of the FBI to its parent department, the Department of Justice. How do you foster both the independence needed for impartial investigations, and the accountability and sharing of information that may be essential to national security? It seems this continues to be a challenge. Ultimately, however this is resolved, it must be in the service of "liberty and justice for all."

[Robert · Rating 5 out of 5]

A revealing account of the successes and many failures of the Justice Department during RFK's regime. Most striking is the fumbling and hesitant efforts to deal with the crisis at Ole Miss and the abuse of power by J. Edgar Hoover. The chapter on Archibald Cox and how his staff manipulated him against his will into supporting the use of the equal protection clause to force reapportionment of state legislatures.

The chapter on Hoover strikes me as tremendously important.

[Jane Thompson · Rating 5 out of 5]

Justice Department

This book does an excellent job of e the work and attitudes of Robert Kennedy. It also tells about the changes the Kennedy's brought.to the government. It recounts Bobby's enthusiastic work and describes some of the best cases

[Steve Mayer · Rating 3 out of 5]

Interesting, but well past its read-by date. I bought it decades ago, after a long search, and regret not starting to read it earlier, but it would've been more relevant. Read through page 112.