Their Ethical Obligations

Alex Charns Author Interview

FBI Snitches, Blackmail, and Obscene Ethics at the Supreme Court reveals how secret surveillance, confidential leaks, institutional loyalty, and political pressure entangled the FBI and the Supreme Court, and how one lawyer’s persistence uncovered buried evidence. What inspired you to write this book?

My belief that the FBI directed a counterintelligence program against the liberal Earl Warren Court as it had done against other perceived enemies such as the Rev. Martin Luther King, Jr. and progressive political figures. 

How did you decide what ethical boundaries to observe when discussing sexual allegations gathered through invasive FBI surveillance?

I didn’t reveal the surname of the teen with which Justice Abe Fortas allegedly had a sexual relationship.

What do the Fred Black records reveal about the vulnerability of Supreme Court deliberations to executive-branch influence?

The private deliberations of the Supreme Court are only as secure when the justices live up to their ethical obligations. 

After decades of FOIA litigation, what reforms would make it harder for agencies to conceal records through inadequate searches or denials?

The federal courts must enforce the FOIA sanctions when in cases such as mine the FBI misled the court about the documents it held in secret. 

Author Links: GoodReads | XFacebook | Website

It took over thirteen years and three Freedom of Information lawsuits to get proof that the FBI sexually blackmailed Supreme Court Justice Abe Fortas. Justice Fortas was already compromised by leaking information to the FBI about pending electronic surveillance cases. This was the most egregious violation of judicial ethics in Court history. The proof was hidden from Senate investigators, journalists, historians, and FOIA requesters for decades. The book contains an FBI document Appendix containing files from J. Edgar Hoover’s Official and Confidential files.

A follow-up to Cloak and Gavel. FBI Wiretaps, Bugs, Informers, and the Supreme Court (Univ. of Illinois 1992)“The FBI’s scandalous techniques ranged from illegal wiretapping to disinformation campaigns, to using Justice Abe Fortas as a Bureau informant.” Harvard Law Review, Vol 106, p. 812. “Cloak and Gavel” . . . is the product of an eight-year struggle to force the FBI to reveal its Supreme Court snooping. Charns got . . . hard evidence that Hoover attempted to monitor the court’s private deliberations and manipulate some of the justices.” Wall Street Journal, A13, 9/1/92. “[A] bonanza of Supreme Court history, providing depth and perspective to some great cases of our time.” St Louis Post-Dispatch, 10/18/92.
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