Julius and Ethel Rosenberg - Trial and Conviction

Trial and Conviction

The trial of the Rosenbergs and Sobell began on March 6, 1951. The judge was Irving Kaufman. The prosecutor was Irving Saypol, the U.S. Attorney for the Southern District of New York. The attorney for the Rosenbergs was Emanuel Hirsch Bloch. The prosecution's primary witness, David Greenglass, stated that his sister Ethel typed notes containing U.S. nuclear secrets in the Rosenberg apartment in September 1945. He also testified that he turned over to Julius Rosenberg a sketch of the cross-section of an implosion-type atom bomb (the "Fat Man" bomb dropped on Nagasaki, Japan, as opposed to a bomb with the "gun method" triggering device as used in the "Little Boy" bomb dropped on Hiroshima). The notes allegedly typed by Ethel apparently contained little that was relevant to the Soviet atomic bomb project and some suggest Ethel was indicted along with Julius so that the prosecution could use her to pressure Julius into giving up the names of others who were involved. However, neither Julius nor Ethel Rosenberg named anyone else and during testimony each asserted their right under the U.S. Constitution's Fifth Amendment to not incriminate themselves whenever asked about involvement in the Communist Party or with its members. The then Deputy Attorney General of the United States William P. Rogers, when later asked about the failure of the indictment of Ethel to extract a full confession from Julius, reportedly said, "She called our bluff."

The Rosenbergs were convicted on March 29, 1951, and on April 5 were sentenced to death by Judge Irving Kaufman under Section 2 of the Espionage Act of 1917, 50 U.S. Code 32 (now 18 U.S. Code 794), which prohibits transmitting or attempting to transmit to a foreign government information "relating to the national defense." The conviction helped to fuel Senator Joseph McCarthy's investigations into anti-American activities by U.S. citizens. While their devotion to the Communist cause was well documented, the Rosenbergs denied the espionage charges even as they faced the electric chair.

The Rosenbergs were the only two American civilians to be executed for espionage-related activity during the Cold War. In imposing the death penalty, Kaufman noted that he held them responsible not only for espionage but also for the deaths of the Korean War:

After the publication of an investigative series in The National Guardian and the formation of the National Committee to Secure Justice in the Rosenberg Case, some Americans came to believe both Rosenbergs were innocent or received too harsh a punishment, and a grassroots campaign was started to try to stop the couple's execution. Between the trial and the executions there were widespread protests and claims of antisemitism; the charges of antisemitism were widely believed abroad, but not among the vast majority in the United States, where the Rosenbergs did not receive any support from mainstream Jewish organizations nor from the American Civil Liberties Union; the ACLU would not acknowledge any violations of civil liberties.

Marxist Nobel-Prize-winning existentialist philosopher and writer Jean-Paul Sartre called the trial "a legal lynching which smears with blood a whole nation. By killing the Rosenbergs, you have quite simply tried to halt the progress of science by human sacrifice. Magic, witch-hunts, autos-da-fé, sacrifices – we are here getting to the point: your country is sick with fear... you are afraid of the shadow of your own bomb." Others, including non-Communists such as Jean Cocteau, Albert Einstein and Nobel-Prize-winning physical chemist Harold Urey, as well as Communists or left-leaning artists such as Nelson Algren, Bertolt Brecht, Dashiell Hammett, Frida Kahlo and Diego Rivera, protested the position of the American government in what the French termed America's Dreyfus affair. In May 1951, Pablo Picasso wrote for the communist French newspaper L’Humanité, "The hours count. The minutes count. Do not let this crime against humanity take place." The all-black labor union International Longshoremen’s Association Local 968 stopped working for a day in protest. Cinema artists such as Fritz Lang registered their protest. Pope Pius XII appealed to President Dwight D. Eisenhower to spare the couple, but Eisenhower refused on February 11, 1953, and all other appeals were also unsuccessful.

Senator Daniel Patrick Moynihan, vice-chairman of the Senate Select Committee on Intelligence, investigated how much the Soviet spy ring helped the USSR to build their bomb. In 1945, Moynihan found, physicist Hans Bethe estimated that the Soviets would be able to build their own bomb in five years. “Thanks to information provided by their agents,” Moynihan concluded in his book Secrecy, they did it in four. That was the edge that espionage gave them: one year.”