In September 2011 John Earl Haynes and Harvey Klehr published a paper on the Washington Decoded website titled, Arthur J. Goldberg and Reds in the OSS: A Soviet Espionage Cable Redacted, Revealed, and Confirmed. The paper is quite provocative because it establishes that at least two U.S. Government agencies, the CIA and NSA, had reason to believe that Arthur Goldberg was a member of the Communist Party when he worked for the Office of Strategic Services (OSS, precursor to the CIA) during WWII. Among other things, this would ostensibly be a violation of the Smith Act. And yet in 1961 John F. Kennedy nominated, and the Senate confirmed, Goldberg for a seat on the U.S. Supreme Court. [1]
The basis of the Government's information on Goldberg was a pair of wartime KGB cables deciphered by the NSA's Venona project. The NSA declassified the Venona Program in 1995, putting the Soviet decrypts in the public domain. On 15 September 1944, KGB New York sent a cable to Moscow Center reporting on information received from a source inside the American OSS. This message was Serial No. 1325 and the agent inside OSS was Duncan C. Lee, codename "KOKh." The message begins as follows: "According to KOKh's advice, a list of "reds" has been compiled by the Security Division of the [OSS]. The list contains 4 surnames of persons who are supplying information to the Russians. One of them sounds like JIMENEZ. The list is divided into two categories: 1. Open [members of the Communist Party (among them "IZRA") and 2. Sympathizers, left-wing liberals etc. (among them "ZAYaTs"). KOKh is trying to get the list." [The NSA Analyst Comments section identify "IZRA" as Donald Wheeler, and "ZAYaTs" as Maurice Halperin.]
Seven days later Duncan Lee was able to provide Soviet intelligence with the said list of Communists within the OSS's ranks. Accordingly, on September 22, 1944, the New York station cabled Moscow: "Further to number 1325. On the [OSS] Security Division list of Communist Party members are the following: ...” Listed directly below this opening statement were 26 names, one of which was “Major Arthur Goldberg.” The serial number of this message is No. 1354. Underneath the 26 names was partial information relating to a second list of persons “concerning whom it is known that they give information ... [10 groups unrecoverable].” Regarding this list, Michael Jimenez, Manuel Jimenez and David Zabladowski are identified as persons who ‘gave information.’ All indications are that Goldberg was not part of this subset of the 26 Communists, i.e. someone who gave information. [2]
Notwithstanding the declassification of Venona, NSA withheld information still considered sensitive or classified through redaction (black outs). As pointed out by Haynes and Klehr, cable #1354 is the most extensive example of text redaction among the 3,000+ Venona decrypts. The NSA redacted a whole column of names leaving one name visible, “Donald WHEELER.” This would still be the citizenry’s state of knowledge if it were not for two circumstances capitalized on by Haynes and Klehr. The first is that Alexander Vassiliev came across cable #1354 in the KGB archives and summarized it virtually verbatim in one of his notebooks. In a 2009 paper Haynes and Klehr effectively abrogated NSA policy by publishing Vassiliev’s summary which named all 26 listed members of the Communist Party in the OSS. The second circumstance occurred in July 2011 when the National Archive declassified OSS records pertaining to Carl A. Marzani, one of the Communists listed in #1354. Doing research in these documents, historian Charles McCormick came across a totally unredacted copy of #1354. If the Vassiliev summary was not proof enough, Haynes and Klehr now had a clear copy, “TOP SECRET UMBRA” and all, of the NSA decrypt. [3]
Regarding the OSS list, the tenor of the Haynes-Klehr paper is that the persons named were suspected, alleged, possible members of the Communist Party; regarding Arthur Goldberg, specifically, the position is that Goldberg was never a Communist, as determined after an ensuing “review” by the OSS Security Division. These are legitimate, albeit conservative views. There are three reasons, however, why the Goldberg-Reds matter should be given “To Be Determined” status. First, neither of the operative Venona cables suggest qualification or uncertainty, to wit: “a list of “reds” has been compiled;” “the Security Division of the OSS’s list of Communist Party Members;” “a list of persons ‘concerning whom it is known that they give information.” Second, the Haynes-Klehr essay and other literature provide positive proof that six of the listees were in fact Communists. However, the contrary case, proof that a listee was never a Communist is not found. If such case did exist, it would be at least one example of the OSS getting it wrong. Third and foremost, it is reliably reported that OSS Chief William Donovan affirmatively employed Communists for certain strategic work. And Goldberg certainly had such an assignment: Operation Sparrow. [4]
This episode is not yet history with a capital "H". Too much is unknown. However Goldberg and the Reds is an important narrative of new historical evidence. The story begins on the date/s when NSA deciphered Venona cables #1354 and #1325. A rough estimate would be between 1948 and 1950, which puts the event in the context of the Cold War between America and the Soviet Union. When NSA deciphered Venona #1354 it did not know the circumstances behind the OSS list or the current status of the persons on it. One could then suppose that these KGB decrypts were expeditiously referred to the CIA, perhaps even at Director to Director level. At CIA the action officer would have been the current head of the Security Division. Since summer 1947 this person was William Harvey, a very experienced former FBI Special Agent. Significantly, Harvey had been the FBI Supervisor in charge of the Elizabeth Bentley investigation, and therefore fully cognizant of Duncan Lee (whom Bentley gave up). In reality, these two Venona decrypts would have been old news and ‘small beer’ to the CIA. Nonetheless, in view of Arthur Goldberg’s future positions at the highest levels of Government, the actions of U.S. officials to keep 50 year old OSS and Venona information secret should be of great curiosity to historians. Was Goldberg at one time a member of the Communist Party or not? While the Haynes-Klehr paper suggests not, a policy of 'trust but verify' should be the order of the day. [5]
1. Washington Decoded, Arthur J. Goldberg and Reds in the OSS: A Soviet Espionage Cable Redacted, Revealed, and Confirmed, John Earl Haynes, Harvey Klehr, 11 September 2011.
National Security Agency (NSA) For the sake of simplicity and clarity this essay uses the abbreviation NSA to represent the predecessor government entities involved in Communications Intelligence, COMINT: SSA, Signals Security Agency (Army); ASA, Army Security Agency (1947); AFSA, Armed Forces Security Agency (1949); NSA (Nov 1952) Source: Venona, Benson and Warner.
“Among other things … the Smith Act.”: The Alien Registration Act or Smith Act (18 U.S.C. § 2385) , 1940; Communist Control Act, 1954; Voorhis Act, 1940,(8 U.S.C. § 2386).
Smith Act The Smith Act, which made it an offense to advocate or belong to a group that advocated the violent overthrow of the government, was the basis of later prosecutions of members of the Communist and Socialist Workers parties. In 1957 the U.S. Supreme Court restricted the application of the Smith Act to instances of active participation in, or verbal encouragement of, specific insurrectionary activities.
Communist Control Act The Communist Control Act was a piece of United States federal legislation, signed into law by Dwight Eisenhower on 24 August 1954, which outlawed the Communist Party of the United States and criminalized membership in, or support for the Party.
Voorhis Act The Voorhis Act requires registration with the Attorney General of certain organizations, the purpose of which is to overthrow the government or a political subdivision thereof by the use of force and violence.
2. “Accordingly, on September 22, 1944, the New York station cabled Moscow: "Further to number 1325 this message is No. 1354 … persons who ‘gave information.”: Venona
3. "Alexander Vassiliev came across cable #1354 ... one of his notebooks.": Alexander Vassiliev, White Notebook #3 [2007 English Translation], trans. Steven Shabad (1993–96), 110.
4. "Third, and foremost, it is reliably reported … employed Communists for certain strategic work.” Spies, Haynes, Klehr and Vassiliev, 2009, p. 329 (“But General Donovan made a decision that he would allow Communists to participate in the OSS as long at they were not blatant in their Communist partisanship.”); p.309 (“Further, OSS officials, reflecting General Donovan’s policy of tolerating Communists, had decided to take measures against these individuals only ‘if they side with the USSR against the USA in the future.”)
5. “Since summer 1947 this person was William Harvey … fully cognizant of Duncan Lee.”: The FBI-KGB War, Robert J. Lamphere and Tom Shachtman, 1995, pp. 61, 67.
“Since summer 1947 this person was William Harvey … fully cognizant of Duncan Lee.”: The FBI-KGB War, Robert J. Lamphere and Tom Shachtman, 1995, pp. 61, 67; Venona, Soviet Espionage and the American Response 1939-1957, Robert and Warner, 1996 (CIA, NSA Cryptographic Series), pp. xvii, xxiii, xxx, 3, 105.
Central Intelligence Agency (CIA) Coorinator of Information (COI), William J. Donovan appointed by FDR (July 1941); Office of Strategic Services (OSS), Donovan/FDR (June 1942, abolished by Truman October 1945); Central Intelligence Group (CIG), created by Truman (Jan 1946); Central Intelligence Agency (CIA), created by Truman/National Security Act (July 1947); National Security Council (NSC), created by National Security Act (July 1947)
William King Harvey A survey of the literature suggests that William K. Harvey was the de facto central figure in the American response to Soviet espionage during the 19040's and 50's. Harvey joined the FBI in 1940. He resigned in July 1947 and took a position with the new CIA. Among the Venona documents declassified by CIA/NSA was an 11-page Memorandum attributed to Harvey dated 6 February 1948 , “Subject: COMRAP – Vassili M. Zubilin.” This memorandum demonstrates Harvey’s encyclopedic knowledge of KGB activities in the U.S. from the early 1940’s. Significantly, it also includes reference to the pivotal Anonymous Letter sent to J. Edgar Hoover in 1943 which was the genesis of the Bureau's omnibus Comintern Apparatus (COMRAP) investigation.
Questions
• When did Goldberg become an Army Officer?
• When did Goldberg join the OSS?
• Where are Goldberg's Army and OSS personnel files?
• Did Goldberg complete a Personnel Security Questionaire (PSQ)?
• What was the basis for the OSS's listing of Goldberg as a Communist?
• When did Goldberg leave the OSS?
• When did NSA advise CIA on the existence/content of Venona Nos. 1325 and 1354? (Truman and Venona refers.)
• If CIA believed Goldberg to have been a Communist, was that information communicated to any government official outside of CIA?
• Given the virtual certainty that Venona Nos. 1325 and 1354 were decrypted during the Truman administration, was the President advised on Venona and Goldberg? (Truman and Venona refers.)
• What government officials knew of Goldberg's purported Communist background when Kennedy nominated him for the Supreme Court?
• Lyndon Johnson in his first term as President asked Arthur Goldberg to resign from the Supreme Court and become his UN Ambassador. Goldberg did so. Although not unprecedented, the rarity of Johnson’s request and Goldberg’s compliance raises the question, was Johnson ever briefed on Goldberg's 'Venona' problem?
Johnson-Goldberg President Lyndon Johnson’s UN Ambassador at the beginning of 1965 was Adlai Stevenson. During a walk in London on July 14, 1965, Stevenson suffered a fatal heart attack. Six days later, Johnson announced his nomination of Supreme Court Justice Arthur Goldberg as Stevenson’s replacement at the UN. As reported by The Washington Post on July 21, 1965, Johnson discussed the UN position with Goldberg on Air Force One, while they were flying to Ambassador Stevenson’s funeral in Bloomington IL, on Monday morning, July 19, 1965. That night, back in Washington, Johnson made his decision, called Goldberg and offered him the job. Goldberg, however, did not accept on the phone. Johnson called Goldberg on Tuesday morning seeking his decision. Goldberg accepted and immediately went to the White House where Johnson announced the nomination in the Rose Garden at about 10:45 am, Tuesday, July 20, 1965. After Stevenson’s death there was speculation that Johnson would pick Secretary of State Dean Rusk for the UN Ambassador position. In the short period between Stevenson’s death and the Goldberg nomination Johnson reviewed a number of persons for the post. It was John Kenneth Galbraith who put Goldberg’s name in play. Only hours after the Rose Garden nomination, Johnson called Galbraith: “Kenneth? Well, you got your man named. I just thought I would call you.” Galbraith had not yet heard the news. When Johnson told him, “Arthur Goldberg,” Galbraith replied, “My God.” (White House phone transcript, WH6507-05-8362) The foregoing seems pretty straight-forward. But there is another White House transcript of a Johnson phone conversation, one that occurred at the beginning of week June 20, 1965 (three weeks before Stevenson died). At the end of that week Johnson was flying to San Francisco to commemorate the 20th anniversary of the United Nations. He called Truman to set up a breakfast meeting in Kansas at 7:00 am, Friday, June 25, 1965. In their telephone conversation Johnson did not mention anything specific to be discussed, and Truman didn’t enquire. At the end of the conversation Johnson put a third party on the line: President Johnson: "Here’s a friend of yours that wants to say hello to you, the Supreme Court Justice.” Truman: “Oh, all right.” Arthur Goldberg: “This is Arthur Goldberg.” (White House phone transcript, WH6506-06-8180) Suffice to say, this is an interesting and curious circumstance: Goldberg is at the White House meeting with the President, but ostensibly not about a UN Ambassadorship (Stevenson was still alive). The reason behind Goldberg’s visit to the White House would be interesting on its own merits. However, if Goldberg's visit and conversation with the President was related to Johnson’s stop in Kansas for a private meeting with Truman, then it could have significance for a question still debated today, Did Truman know about Venona?