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Presidential Pardons: Greenspun, Schwimmer and Winters

Documents

The following files were obtained (PDF) under the Freedom of Information Act from the Office of the US Pardon Attorney at the Department of Justice. The documentary record surrounding the presidential pardons of convicted smugglers Hank Greenspun and Al Schwimmer is incomplete.  Most records of letters, communications and/or applications for clemency have allegedly been transferred to the National Archives.

The record of individuals and organizations lobbying for the posthumous 2009 pardon of Charles Winters, who illegally helped smuggle B-17 bombers for Israel, is more complete.  Members of Congress, the American Jewish Committee, the Jewish Federation of Palm Beach County all lobbied for a Winters pardon.  Among the reasons they gave for clemency:

  1. Winters, who was not Jewish, was the only American convicted of smuggling arms to Israel in the 1940s who actually served a prison term.

  2. Winters was not in the smuggling network's leadership, but rather was a low-level operative.

  3. Other smugglers received presidential pardons sooner, while they were still alive.

  4. Smuggling arms to Israel (they argue) was righteous and heroic, and therefore worthy of a pardon even if the act was illegal at the time.

  5. A pardon would serve as an indicator of presidential support to Israel and be favorably received by US religious groups.

The US Pardon Attorney initially responded that the petition would not be a priority, "I must inform you, however, that it is the general policy of the Department of Justice that requests for posthumous pardons for federal offenses not be processed for adjudication..."  However, after months of lobbying it was finally issued by outgoing president George W. Bush.

In accordance with Title 17 U.S.C. Section 107, this material is presented without profit for research and educational purposes, most importantly understanding how government functions during law enforcement actions involving Israel and its lobbyists. The Israel Lobby Archive has no affiliation whatsoever with the originator of the content nor is it endorsed or sponsored by the originator.

File File Size Excerpt/Description
10181961_Greenspun.pdf 278 KB On October 18, 1961 President John F. Kennedy pardoned convicted smuggler for Israel Herman "Hank" Greenspun. See the Greenspun smuggling archive for further details.
01202001_Schwimmer_Pardon.pdf 138 KB On January 20, 2001, President William J. Clinton pardoned convicted smuggler for Israel Adolph "Al" Schwimmer.
07042008_Wilmer_Hale.pdf 127 KB On July 4, 2008/ the law firm of Wilmer Hale asks President George W. Bush and Michael B. Mukasey for a posthumous pardon of Charles "Charlie" Thompson Winters on behalf of his son James Winters and the Jewish Federation of Palm Beach County.  The firm encourages "you both to review these materials personally, as they recount extraordinary acts of courage by fellow Americans who stood up for Israel and core American values when it mattered most."
1428295.pdf 128 KB Department of Justice Executive Secretariat assigns workflow ID "1428295" to Winters pardon request, due September 11, 2008.  Pardon Attorney responds on November 18, 2008 "I cannot answer...w/o getting direct guidance from the White House Counsel's Office on the matter, which I have not yet received."
07042013_Jewish_Federation.pdf 120 KB July 4, 2008 Jewish Federation of Palm Beach County letter to President Bush and AG Mukasey.  "Other Americans who were involved in the Israeli War of Independence on a much grander scale were treated more mercifully by the US Justice System.  Others have also been granted Presidential Pardons."
07032008_James_Winters.pdf 126 KB July 3, 2008 letter from James Winters to President Bush and AG Mukasey. .  "I request now that you grant him a posthumous pardon so history will reflect that his actions in helping Israel during a critical time were honorable and reflective of the United States' ultimate position toward Israel, and not actions for which he should forever be labeled a felon."
06272008_Al_Schwimmer.pdf 94 KB June 27, 2008 letter from convicted felon Adolph "Al" Schwimmer.  "I knew Charlie personally and feel that he should be remembered as a hero for his contribution to the creation and preservation of the State of Israel rather than forever being marked as an ex-convict."
07042008_Brian_Greenspun.pdf 83 KB July 4, 2008 letter from Brian Greenspun.  In 2000, President Bill Clinton granted a pardon to Al Schwimmer, the man to led the operation in which Mr. Winters participated.  As the two major players who were convicted for doing the just and righteous thing, Mr. Schwimmer and my father represented those most responsible. "
Harold_Livingston.pdf 69 KB Harold Livingston letter to George Bush, "I met and served with Mr. Winters in early 1948 when he provided immense—more accurately, nation-saving—assistance in the acquisition of aircraft for the then nascent Israel Air Force. Please recall that the young nation was then struggling for its very existence and Mr. Winters, although a non-Jew, immediately responded to the call. Ironically, he was the only individual convicted of the crime of evasion of various neutrality acts while other, more highly-positioned volunteers, despite having been convicted of the same "crime," eventually received presidential pardons.. 
06162008_Lowenstein.pdf 104 KB June 16, 2008 letter from Ralph Lowenstein, on behalf of the University of Florida and Aliyah Bet, "Most others involved with delivering arms to Israel to defend herself against these invading armies have now been pardoned. It is only proper that the United States now deal a measure of justice to the Winters family by giving their father the same treatment."
Petition_for_Pardon_Winters.pdf 1.1 MB July 3, 2008 Charles Winters application for pardon.
Attachments.pdf 1.7 MB Attachment of material from book "Destination Israel: How a handful of rag-tag flyers helped to save a newborn nation" by Harold Livingston, " I am my Brother's Keeper: American Volunteers in Israel's War of Independence" by Jeffrey Weiss and Craig Weiss, and "The Secret Army" by David J. Bercuson,
08012013_congress.pdf 144 KB Members of Congress sign letter supporting Winters pardon.  "We ask that you give the posthumous pardon application for Mr. Charles Winters a prompt review and correct the injustice that has been done."
Winters_Indictment.pdf 756 KB Copy of the original indictment and conviction court papers of Chares Winters, obtained from the National Archives and Records Administration.
12152008_congressmembers.pdf 102 KB December 15, 2008 to George W. Bush from congress members Carolyn B. Maloney, Gary Ackermann, Jose Serano, and Brian Higgins.  "We are writing to express our support for a posthumous pardon for Charlie Winters, a gentleman who contributed to a great cause. He and other volunteers from around the world defied weapons embargoes to supply the newly established Israel with critical supplies to defend Itself against mounting attacks from all sides. Without the actions of individuals like Mr. Winters, this fledgling democracy In the Middle East almost certainly would not have survived as the surrounding nations closed in on Israel's borders with their trained armies and established air forces..."
08082008_senators.pdf 104 KB On August 8, 2008 Senators Bill Nelson and Mel Martinez sign letters to the pardon attorney in support of pardon.  "Mr. Winters' actions helped secure the independence of the state of Israel, thereby establishing a beacon of democracy in the Middle East. We know that this Administration shares our goals of strengthening the United States-Israel relationship. We ask that you give the posthumous pardon application for Mr. Charles Winters a prompt review."
08132008_WH.pdf 60 KB Wilmer Hale cover letter on August 13, 2008.  "We received copies today of additional letters of support for the pardon request for Charles Winters...
08132008_AJC.pdf 131 KB David A. Harris of the American Jewish Committee writes to President Bush on August 13, 2008.  "
08122008_Guidestone.pdf 167 KB GuideStone Financial Resources CEO O. S. Hawkins asks President Bush to pardon Winters.  Mr. President, as you know, I do not speak for 16 million Southern Baptists across America. Even if it could, 1 would not due to our own ecclesiology.  However~ the overwhelming majority of those who Worship in our churches Sunday by Sunday are deeply appreciative of you and hold you on their hearts and in their prayers and are also strong supporters of the State of Israel. I am beseeching you that before you leave office you will give Charlie Winters serious consideration for the pardon which we believe is just.
08202008_deal_hudson.pdf 59 KB Wilmer Hale forwards Deal Hudson letter.
Deal_Hudson.pdf 107 KB Deal W. Hudson letter to Bush and Mukasey "Two other individuals who were convicted along with Charlie have already been pardoned by your predecessors in office. While it is somewhat unusual to seek a posthumous pardon on Charlie's behalf, his family and our Nation would be the better if you granted the request. Among other things, it would be a powerful and timely reminder of the broad ecumenical support for Israel in the Christian and Jewish communities. It would also be an especially moving tribute coming from you, a leader who has consistently answered the call of conscience regardless of the immediate political consequences.
09292008_FBI.pdf 70 KB September 29, 2008, Pardon Attorney requests "a limited APACS (application for pardon after completion of sentence) investigation to include only a report of checks of appropriate indices of the FBI, and a report of any outstanding warrants noted to the NCIC."
01072009_US_Courthouse_Miami.pdf 63 KB January 7, 2009 letter from US Pardon Attorney to the Miami US Courthouse.  "This refers to the executive clemency application filed on behalf of Charles Thompson Winters., who was convicted in your district in 1949 of conspiring to export and exporting aircraft to a foreign country. ()n January 1,2009, the President granted Mr. Winters a full and unconditional posthumous pardon. A copy of the pardon Warrant is enclosed for your information. Please make the appropriate notation in your official records.
01222009_cover_let.pdf 71 KB January 22, 2009 Letter to Gina Haschke of Wilmer Hale.  "On January 1., 2009., President George \V. Bush granted a full and unconditional pardon to Charles T. Winters, the deceased father of your client James Winters who was convicted in 1949 of conspiring to illegally export, and illegally exporting, military aircraft to a foreign country. Enclosed is the individual warrant of pardon for Mr. \Vinters signed by the Pardon "Attorney at the President's direction."
01012009_Winters_Pardon.pdf 75 KB January 1, 2009 Executive grant of Clemency for Charles T. Winters signed by George W. Bush.
01312009_receipt.pdf 71 KB Wilmer Hale signed acknowledgement of receipt of pardon.
11241948_State.pdf 530 KB US State Department memo on illegal smuggling activities.
10181948_Zatec.pdf 857 KB Secret October 18, 1948 US Air Force "subversive activities" intelligence report on illegal smuggling US aircraft through Zatec, Czechoslovakia "one of the most heavily guarded air field" to Israel
Pardon_Attorney_response.pdf 143 KB Pardon Attorney Ron Rogers replies to Reg Brown of Wilmer, Cutler, Pickering, Hale and Dorr.  "This correspondence is in response to your letter of July 4, 2008 to the President and the Attorney General in which you endorse the posthumous pardon request of Mr. James Winters on behalf of his father, Charles Thompson Winters. I must inform you, however, that it is the general policy of the Department of Justice that requests for posthumous pardons for federal offenses not be processed for adjudication..."
01142009_irmep.pdf 365 KB Cover letter and essay from IRmep protesting the pardon of Charles Winters.

In accordance with Title 17 U.S.C. Section 107, this material is presented without profit for research and educational purposes, most importantly understanding how government functions during law enforcement actions involving Israel and its lobbyists. The Israel Lobby Archive has no affiliation whatsoever with the originator of the content nor is it endorsed or sponsored by the originator.

 
 
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