Kawakita V. United States - Controversy

Controversy

In his defense, Kawakita claimed that he had renounced his United States citizenship during his time in Japan, and thus could not be tried for treason. He also stated that he lost his U.S. citizenship when he was registered in Japan's family census, the Koseki, in 1943. His lawyer, Morris Lavine argued that at the very most, his client was guilty of "a series of isolated assaults and batteries--nothing more." He stated that kicking a POW or forcing one to carry an extra bucket of paint "could not possibly rise to the dignity of . . . a treason case" and that Kawakita's actions lacked the "element of secrecy and cunning" that was usual in a treason case. He argued, "We have to be careful that our victory over Japan does not enable us for that reason to wreak vengeance on the defendant. We are all on trial here." This case shouldn't be "another chance to get a Jap," Lavine said.

On the stand, Kawakita claimed that he also assisted POWs: he carried one on his back to the mine's hospital; he escorted them to get dental or medical aid; he asked his superiors for a workload reduction when he saw the workers could not meet their daily quota. He admitted to slapping one POW whom he overheard calling him a son-of-a-bitch in Spanish. After the surrender, he even took a group of them for a sight-seeing tour and saw them off with friendly good-byes at the train station when they were finally repatriated. And, as his lawyer pointed out, Kawakita's behavior was probably not egregious because he did nothing to hide his identity, and in fact, enrolled in USC, which was then "loaded with GIs."

However, his arguments were undermined by his 1945 US passport application, in which he swore he had never renounced his U.S. citizenship. The prosecution also rejected Lavine's arguments, claiming that Kawakita's actions helped Japan's war efforts by trying to squeeze labor out of the POWs. The government also contrasted Kawakita's behavior with that of another Nisei guard, Meiji Fujizawa, who was a friend of his. Fujizawa, who was also hired as an interpreter, made an effort to boost the POWs' morale. He gave them friendly slaps on the back; gave them information in Spanish about Japan's impending defeat, and confided in early summer 1945, "We'll have Thanksgiving dinner in San Francisco." Fujizawa later recalled that his friend was "rough in speech," but he never saw him beat anyone. He also said that he himself was ordered to beat a POW once, and that the Japanese would even have prisoners mete out punishment to other prisoners who were caught stealing food and other infractions.

Kawakita argued that a person with dual nationality can only be guilty of treason to the country in which he resides, not another which claims him as a national. The prosecution pointed out that the U.S. Constitution places no territorial limitations on treason. And it pointed out that U.S. citizenship cannot be cast off or on so easily like one might do with a "raincoat," nor turned off and on "like a faucet."