Legal brief submitted to appeal the verdict of the Rosenberg trial. United States Court of Appeals for the Second Circuit, no. [unstated]- October term, 1951. United States of America, Appellee, v. Julius Rosenberg and Ethel Rosenberg, Defendants-Appellants: On Appeal from Judgements of Conviction of the United States District Court for the Southern District of New York. Brief for Appellants.

ROSENBERG TRIAL - BLOCH, Emanuel H.

Published by 1951

About this Item

One of very few copies of Emanuel Bloch's appeal seeking to overturn the prosecution of the Rosenbergs at their infamous trial, signed by Bloch for submission to the Court of Appeals on the final page. Bloch (1901-1954), an attorney who focused on civil rights, was known for defending clients associated with left-wing and communist causes. The Rosenbergs, communists accused of sending atomic secrets to the Soviets, chose Bloch to lead their defence. The court found the Rosenbergs guilty of espionage in March 1951 and sentenced them to death in April, following a trial widely criticized as prejudiced and motivated by Cold War hysteria. J. Edgar Hoover dubbed the case, which attracted worldwide attention, "the trial of the century". The Rosenbergs were granted time to prepare the appeal, which Bloch submitted to the Circuit Court on 5 November 1951. Comprising 143 pages of argument, extensively referenced against other legal cases, and with an index, Bloch sets forth his legal case. It rests on three grounds: the government had not established definite guilt, the Rosenbergs had not been granted a fair trial, and the "cruel and unusual punishment" violated the eighth amendment. Besides the constitutional grounding, Bloch emphasizes the "frantic atmosphere" in which the Rosenbergs were arrested, placing the trial within the context of the panic caused by the Soviet Union's acquisition of the atomic bomb. The appeal was denied by the three judges on the court on 25 February 1952. They reported they had carefully examined the trial record against Bloch's appeal and had found the death sentence was constitutional and would stand. Following the defeat, Bloch filed a further appeal with the Supreme Court, which declined to review the case. A stay on execution was granted to appeal to President Eisenhower, who denied the petition. Various other legal challenges, the last of which reached the Supreme Court, also failed. Despite an international campaign for clemency, backed by the Pope and Albert Einstein, the Rosenbergs were executed on 19 June 1953. Despite the failure of Bloch's appeal, his brief greatly impressed the Rosenbergs. Julius wrote to Ethel on 4 November 1951 "I read the brief and I wrote Manny [Bloch] telling him what a stupendous job he did and how everlastingly grateful we are for his tireless efforts for us. Darling the brief is a legal masterpiece and in addition is a literary gem. Although I don't have the background to really pass on the legal fine points I can attest to its excellent organization, its meticulousness in presenting in a fair light our case, the devastating logic of his points and the tremendous assiduous effort Manny exerted in preparing this document. Believe me it's a priceless piece of work from a great man. How proud we are to be considered his friends. I intend to reread it a number of times so I'll be able to better understand some of the legal points raised" (The Rosenberg Letters, 2013, pp. 253-4). Bloch is often seen as a lawyer unsuited to the case, more suited to civil rights work than a major criminal trial. His failure to interrogate properly the government's key witness Harry Gold has been much criticized. This appeal, shifted more to Bloch's speciality of constitutional and civil rights, probably constitutes a stronger legal case than that which he presented in the original trial. Nonetheless, the Rosenbergs were very confident in him, and he became a close friend. Bloch delivered the eulogy at their funeral and took guardianship of their sons, though he died soon afterwards of a heart attack. This copy of the brief is evidently one of a small number produced for official use, alongside the copies which each Rosenberg received. This copy was deposited in the Civil Rights Division of the American Jewish Committee - it is marked as their file copy and, subsequently, "withdrawn". It is unknown how they acquired the brief - the American Jewish Committee pointedly distanced themselves from t.

Seller Inventory # 190389

Bibliographic Details

• Title: Legal brief submitted to appeal the verdict of the Rosenberg trial. United States Court of Appeals for the Second Circuit, no. [unstated]- October term, 1951. United States of America, Appellee, v. Julius Rosenberg and Ethel Rosenberg, Defendants-Appellants: On Appeal from Judgements of Conviction of the United States District Court for the Southern District of New York. Brief for Appellants.
• Publisher: 1951
• Signed: Signed by Author(s)