<snip>
The solicitor general is often referred to as the 10th justice, a recognition of the office’s frequent interactions with the court and the special trust the justices place in the government lawyers’ arguments.
<snip>
Fahy did not inform the justices of
a key report from the Office of Naval Intelligence that “found that only a small percentage of Japanese-Americans posed a potential security threat, and that the most dangerous were already known or in custody,” Katyal wrote in the blog.
Fahy, who died in 1979, also
neglected to tell the court that information that Japanese-Americans “were using radio transmitters to communicate with enemy submarines off the West Coast had been discredited by the FBI” and the Federal Communications Commission, Katyal wrote. “And to make matters worse,
he relied on gross generalizations about Japanese-Americans, such as that they were disloyal and motivated by ‘racial solidarity.’”<snip>
Yet when Fahy stood before the justices, Irons said, he told them
“he stood by ‘every sentence, every line and every word’” in an intelligence report that already had been debunked.
<snip to
more at link>
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