American Prometheus

by Kai Bird

Garrison learned that the members of the hearing board were going to spend a full week studying raw FBI investigative files on Oppenheimer. Worse, Garrison learned to his dismay that the AEC’s “prosecuting” attorney would be present to help guide the board members through the derogatory items in the FBI file and answer their questions. Garrison had a “sinking feeling” that after a week’s immersion in the files, the board members would become prejudiced against his client. But when he asked for the same privilege, to be present during this weeklong briefing, he was flatly rebuffed. Simultaneously, Garrison tried to get an emergency security clearance for himself, so that he might at least read some of the same material. But Strauss told the Justice Department that “under no circumstances should we grant emergency clearance.” In Strauss’ view, neither Oppenheimer nor his lawyer had any of the “rights” afforded to a defendant in a court of law; this was an AEC Personnel Security Board Hearing, not a civil trial, and Strauss was going to be the arbiter of the rules.