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Presidential Appointment of Justice Robert Jackson to 

Prosecute Axis War Criminals in Europe

The President may appoint Justice Jackson as United States prosecutor of the Axis war criminals in 

Europe.

July 2, 1946

LETTER FOR THE UNITED STATES ATTORNEY

NORTHERN DISTRICT OF NEW YORK

I want to thank you for calling to my attention the criticisms which have been 

made in your region concerning the President’s action in appointing Mr. Justice 

Jackson as United States prosecutor of the Axis war criminals in Europe.

As I told you on the telephone, I think such criticism is entirely unjustified.

I hope the enclosed memorandum, giving the facts about the appointment, will 

be of use to you. I don’t think my name or that of the Department should be 

mentioned at the present time in this connection. However, if you should wish a 

formal statement from me later on, please let me know.

TOM C. CLARK

Attorney General
Presidential Appointment of Justice Jackson to Prosecute Axis War Criminals

461

MEMORANDUM

Appointment of Mr. Justice Jackson as Representative and 

Chief of Counsel of the United States in the Prosecution of 

the Axis War Criminals in Europe

By Executive Order 9547 of May 2, 1945, 10 Fed. Reg. 4961, President Truman designated Robert H. Jackson, Associate Justice of the Supreme Court of the 

United States, to act as the representative of the United States and as its Chief of 

Counsel in preparing and prosecuting charges of atrocities and war crimes against 

such of the leaders of the European Axis powers and their principal agents and 

accessories as the United States might agree with any of the United Nations to 

bring to trial before an International Military Tribunal. The appointment carried 

with it no additional compensation.

This appointment was made pursuant to the agreement entered into on August 

8, 1945, by the United States, Great Britain, Russia, and France for the prosecution 

and punishment of the major war criminals of the European Axis. 59 Stat. 1544, 

82 U.N.T.S. 280. The Charter of the International Military Tribunal annexed to 

and made a part of that agreement provides (art. 14) that each signatory power 

shall appoint a Chief Prosecutor for the investigation of the charges against and 

the prosecution of major war criminals, and that the Chief Prosecutors shall act as 

a committee for the following purposes:

(a) to agree upon a plan of the individual work of each of the Chief 

Prosecutors and his staff,

(b) to settle the final designation of major war criminals to be tried 

by the Tribunal,

(c) to approve the Indictment and the documents to be submitted 

therewith,

(d) to lodge the Indictment and the accompanying documents with 

the Tribunal,

(e) to draw up and recommend to the Tribunal for its approval draft 

rules of procedure, contemplated by Article 13 of this Charter.

59 Stat. 1546, 1549, 82 U.N.T.S. 284, 292.

The Charter also provides (art. 15) that the Chief Prosecutors shall individually, 

and acting in collaboration with one another, perform the following duties:

(a) investigation, collection and production before or at the Trial of 

all necessary evidence,
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(b) the preparation of the Indictment for approval by the Committee 

in accordance with paragraph (c) of Article 14 hereof,

(c) the preliminary examination of all necessary witnesses and of the 

Defendants,

(d) to act as prosecutor at the Trial,

(e) to appoint representatives to carry out such duties as may be assigned to them,

(f) to undertake such other matters as may appear necessary to them 

for the purposes of the preparation for and conduct of the Trial.

59 Stat. at 1549, 82 U.N.T.S. at 292–93.

It is hardly necessary to call attention to the fact that the undertaking involved—the indictment, prosecution, and trial of the chief war criminals in 

Europe—is of supreme importance to the whole civilized world. Nor is it necessary to point out that this grave undertaking is unique in the history of judicial 

procedure.

It was, therefore, of the utmost importance that the Chief of Counsel for the 

United States be an exceedingly able man, of wide experience, of exceptional 

physical vigor, of peculiar aptitude for the task, and of great legal attainments. It 

was equally important that the President of the United States should be entirely 

free to select that citizen of the United States who he felt was best qualified to

perform the duties of this office.

It must be conceded that Mr. Justice Jackson is eminently qualified to discharge 

the duties and responsibilities of the task assigned him. His record of accomplishment as Chief Prosecutor for the United States in the trial of war criminals now 

being conducted at Nuremburg speaks for itself. His record in this respect is, in 

fact, a complete justification of his appointment.

The appointment of Justice Jackson for this special mission is not only without 

legal objection, but it is also supported by ample precedent. It is a well-established 

practice for the President to secure the services of federal judges in connection 

with important national and international matters. This practice arose long ago. It 

is well illustrated by the following examples: Chief Justice Jay served as special 

envoy to England at the request of the President. Chief Justice Ellsworth served as 

special envoy to France. Chief Justice Fuller twice acted as an arbitrator of 

international disputes. Circuit Judge Putnam served as a commissioner under a 

conference with Great Britain relating to the seizure of vessels in the Bering Sea. 

More recently, Justice Roberts served as chairman of the board appointed by 

President Roosevelt to investigate the Pearl Harbor disaster of December 7, 1941.