Palmer Raids - Raids and Arrests in January 1920

Raids and Arrests in January 1920

As Attorney General Palmer struggled with exhaustion and devoted all his energies to the coal strike, Hoover organized the next raids. He successfully persuaded the Department of Labor to ease its insistence on promptly alerting those arrested of their right to an attorney. Instead Labor issued instructions that its representatives could wait until after the case against the defendant was established, "in order to protect government interests." Less openly, Hoover decided to interpret Labor’s agreement to act against the Communist Party to include a different organization, the Communist Labor Party. Finally, despite the fact that Secretary of Labor William B. Wilson insisted that more than membership in an organization was required for a warrant, Hoover worked with more compliant Labor officials and overwhelmed Labor staff to get the warrants he wanted. Justice Department officials, including Palmer and Hoover, later claimed ignorance of such details.

The Justice Department launched a series of raids on January 2, 1920 with follow up operations over the next few days. Smaller raids extended over the next 6 weeks. At least 3000 were arrested, and many others were held for various lengths of time. The entire enterprise replicated the November action on a larger scale, including arrests and seizures without search warrants, as well as detention in overcrowded and unsanitary holding facilities. Hoover later admitted "clear cases of brutality." The raids covered more than 30 cities and towns in 23 states, but those west of the Mississippi and south of the Ohio were "publicity gestures" designed to make the effort appear nationwide in scope. Because the raids targeted entire organizations, agents arrested everyone found in organization meeting halls, not only arresting non-radical organization members but also visitors who did not belong to a target organization, and sometimes American citizens not eligible for arrest and deportation.

The Department of Justice at one point claimed to have taken possession of several bombs, but after a few iron balls were displayed to the press they were never mentioned again. All the raids netted a total of just four ordinary pistols.

While most press coverage continued to be positive, with criticism only from liberal publications like The Nation and The New Republic, one attorney raised the first noteworthy protest. Francis Fisher Kane, the U.S. Attorney for the Eastern District of Pennsylvania, resigned in protest. In his letter of resignation to the President and the Attorney General he wrote: "It seems to me that the policy of raids against large numbers of individuals is generally unwise and very apt to result in injustice. People not really guilty are likely to be arrested and railroaded through their hearings....We appear to be attempting to repress a political party....By such methods we drive underground and make dangerous what was not dangerous before." Palmer replied that he could not use individual arrests to treat an "epidemic" and asserted his own fidelity to constitutional principles. He added: "The Government should encourage free political thinking and political action, but it certainly has the right for its own preservation to discourage and prevent the use of force and violence to accomplish that which ought to be accomplished, if at all, by parliamentary or political methods." The Washington Post endorsed Palmer's claim for urgency over legal process: "There is no time to waste on hairsplitting over infringement of liberties."