History As It Happens: Due Process? Executive Order 9066 Released: May 9, 2025 | Host: Martin DeCaro

Introduction

In the May 9, 2025 episode of History As It Happens, host Martin DeCaro delves into one of the darkest chapters of American history: the enforcement of Executive Order 9066 and the subsequent internment of Japanese Americans during World War II. Drawing parallels to contemporary immigration policies under President Donald Trump, DeCaro and his guest, historian David M. Kennedy, explore how fear and paranoia can lead to significant violations of civil liberties.

The Genesis of Executive Order 9066

The episode opens with historical audio from Milton Eisenhower, who narrates the aftermath of the Japanese attack on Pearl Harbor. This attack, described as "a date which will live in infamy" (03:08), set the stage for drastic governmental actions against Japanese Americans.

Milton Eisenhower: "The United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan."

In response to this perceived threat, President Franklin D. Roosevelt signed Executive Order 9066 on February 19, 1942. Contrary to popular misconception, the order did not explicitly mandate the incarceration of Japanese Americans but authorized the military to designate areas from which "any or all persons may be excluded."

Implementation and Civilian Suffering

Historian David M. Kennedy elaborates on the widespread repercussions of the executive order:

Kennedy: "Were forcibly removed from their homes and placed in makeshift internment camps. This action was taken without trial, without jury. It was based solely on race." (01:54)

From March to August 1942, approximately 112,000 individuals of Japanese ancestry—both citizens and non-citizens—were relocated to assembly centers. These were often racetracks or fairgrounds where internees awaited transfer to more permanent camps in states like Arkansas, Arizona, and Wyoming.

Milton Eisenhower: "Evacuees cooperated wholeheartedly... felt that this was a sacrifice they could make in behalf of America's war effort." (03:53)

However, this facade of cooperation masked the severe infringement of civil liberties. The campaign against Japanese Americans was fueled by "nativist suspicions, paranoia, racism," creating a blanket association between immigrants and disloyalty.

Parallels to Contemporary Immigration Policies

DeCaro draws a direct comparison between the wartime internment and contemporary policies under President Trump, emphasizing the recurring theme of marginalizing and dehumanizing immigrants.

DeCaro: "Immigrants who are in the country illegally are synonymous with crime and cultural death and have no rights he must respect." (01:18)

Recent policies include the unprecedented invocation of the Alien Enemies Act during peacetime, aiming to deport immigrants en masse without due process. DeCaro highlights President Trump's reluctance to uphold constitutional rights, quoting an interview where Trump ambiguously addresses due process.

Donald Trump: "I don't know. I'm not a lawyer. I don't know." (06:33)

The discussion underscores the dangers of political rhetoric that dehumanizes immigrants, drawing chilling similarities to the justifications used during World War II.

Legal Battles and Miscarriages of Justice

A significant portion of the episode focuses on landmark legal cases, particularly that of Fred Korematsu, who defied internment orders and took his case to the Supreme Court.

Kennedy: "The Supreme Court ruled against him, but 39 years later, he had his conviction overturned in federal court." (40:16)

Korematsu's case became emblematic of the fight for civil liberties, highlighting the Supreme Court's controversial decisions during a time of national panic. Kennedy also introduces Mitsuya Endo's case, where a citizen challenged her wrongful termination due to her Japanese heritage, further illustrating the legal system's failures.

Governmental and Institutional Failings

The episode critically examines the roles of various government officials and departments in perpetuating the internment.

Historian: "Secretary of War Stimson... realized this was a bad idea, but the aura of his authority intimidated others who knew this was a bad idea." (30:20)

Key figures like Milton Eisenhower and John J. McCloy are scrutinized for their roles in enforcing the evacuation and internment without substantial evidence of espionage or sabotage. The historian emphasizes that the Justice Department internally recognized the lack of evidence supporting these actions but ultimately failed to challenge them effectively.

Reflections and Lessons Learned

In concluding the episode, DeCaro and Kennedy reflect on the enduring lessons from Executive Order 9066. They caution against complacency in the face of governmental overreach and underscore the importance of safeguarding civil liberties, especially during times of crisis.

Kennedy: "When institutions and leadership amplify and exploit that human frailty for political purposes, then is the time to get up on our hind legs and utilize whatever political, legal, social tools we have to fight it." (21:46)

DeCaro reinforces the notion that history often repeats itself if its lessons are forgotten, urging listeners to remain vigilant against discriminatory policies masquerading as national security measures.

Notable Quotes

• Milton Eisenhower (03:08): "A date which will live in infamy. The United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan."

• Historian (01:54): "Were forcibly removed from their homes and placed in makeshift internment camps. This action was taken without trial, without jury. It was based solely on race."

• Donald Trump (06:33): "I don't know. I'm not a lawyer. I don't know."

• David M. Kennedy (40:16): "In the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls."

Conclusion

History As It Happens masterfully intertwines historical narrative with contemporary analysis to shed light on the persistent threats to civil liberties posed by governmental overreach and societal paranoia. By revisiting Executive Order 9066 and drawing parallels to modern immigration policies, the episode serves as a poignant reminder of the fragility of justice in times of fear.

Timestamp Guide

• 03:08 Milton Eisenhower's narration of Pearl Harbor attack.
• 01:54 Historian David M. Kennedy on Japanese American internment.
• 03:53 Milton Eisenhower on evacuees' cooperation.
• 06:33 Donald Trump on due process.
• 21:46 Historian David M. Kennedy on combating governmental exploitation of prejudice.
• 30:20 Discussion on Secretary Stimson and governmental failings.
• 40:16 Kennedy on Fred Korematsu's legacy.

For more insightful episodes and historical analyses, tune in every Tuesday and Friday. Subscribe to Martin DeCaro's newsletter at history@ithappens.com.