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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.

FBI Snitches, Blackmail, and Obscene Ethics at the Supreme Court

Alex Charns’s FBI Snitches, Blackmail, and Obscene Ethics at the Supreme Court is a compact work of investigative legal history built from FBI memoranda, court records, archival materials, and the author’s decades of Freedom of Information Act litigation. Its central subject is the relationship among FBI Director J. Edgar Hoover, Justice Abe Fortas, President Lyndon Johnson, and FBI official Cartha DeLoach. Charns argues that Hoover’s Bureau collected damaging sexual allegations about Fortas while also benefiting from the justice’s willingness to share confidential information and influence deliberations involving illegal electronic surveillance. The book presents this relationship as part of a broader campaign to monitor, cultivate, and manipulate the Supreme Court.

The book’s strongest chapters reconstruct the Fred Black litigation, in which the FBI’s warrantless bugging captured conversations between Black and his attorney. Charns traces how DeLoach privately briefed Fortas, how Fortas discussed the Court’s internal deliberations, and how he helped shape arguments that could redirect blame from Hoover toward Robert Kennedy and the Justice Department. The account gains force from specific records. Hoover’s instructions and Fortas’s reported conversations create a disturbing picture of executive influence reaching into judicial decision-making. Charns’s judgment is severe, but it’s grounded in a clearly stated ethical principle: confidential Court deliberations and pending cases shouldn’t become instruments of political or institutional self-protection.

Charns writes with the urgency of an advocate and the precision of a practicing lawyer. His prose is most effective when documentary evidence carries the narrative, as when Fortas tells DeLoach that “Kennedy would be completely destroyed” if responsibility for the bugging became public. The book’s rhetorical flourishes and repeated moral conclusions make the argument feel more prosecutorial than analytical. Still, the author regularly distinguishes allegation from proof, particularly when discussing the sexual claim against Fortas, and acknowledges the ethical difficulty of publishing information about people whose privacy the FBI had already violated. That self-examination gives the closing section an important measure of restraint.

The final chapters broaden the book from a historical exposé into a study of government secrecy and archival accountability. Charns recounts how the FBI denied the existence of relevant records, resisted adequate searches, and released crucial documents only after years of litigation. His description of FOIA as an elaborate information game is humorous, but it also clarifies the practical obstacles facing researchers who challenge secretive institutions. The result is a focused and unsettling book about judicial ethics, surveillance power, institutional loyalty, and the persistence required to recover suppressed history. Its lasting contribution lies in connecting misconduct inside the Supreme Court with the bureaucratic systems that kept the evidence hidden for decades.

Pages: 118 | ASIN: B0CTD15W6D

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