UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

GORDON K. HIRABAYASHI, Petitioner

vs.

UNITED STATES OF AMERICA, Respondent.

NO. C83-122V

(Former Crim. No. 45738)

AFFIDAVIT OF GORDON K. HIRABAYASHI IN SUPPORT OF REPLY TO GOVERNMENT'S RESPONSE AND MOTION

STATE OF WASHINGTON

COUNTY OF KING

SS.

GORDON KIYOSHI HIRABAYASHI, affirms, deposes and says:

To put the events which led to my arrest, conviction, and the historic Supreme Court decision into perspective, I will detail a little of my family background.

My father was born in Japan. He and a group of his teenaged friends were strongly influenced by the philosophy of Mukyokai, a pacifist Christian movement. During this time period, Japan was engaged in a military build-up which led to the Sino-Japanese and Russo-Japanese wars. Because of my father's strong pacifist beliefs, he left Japan.

My father immigrated to this country and settled in Seattle. Eventually, six families from the same region in Japan formed a collective in Seattle. They conducted Mukyokai services in their homes. Their practices were much like those of the Quakers. They met without formal preaching or leaders and primarily discussed their religious principles and beliefs.

My father instilled in me the importance of having convictions and adhering to a standard of conduct dictated by those convictions. He also emphasized the importance of education. With his support, I enthusiastically followed my academic pursuits.

While attending high school, I became interested in debate. Through this medium, I became aware of the events which shaped the world. I was active in a high school YMCA youth group and later in the University YMCA. I was attracted to the YMCA because of the diverse backgrounds of its members. I recall our discussing the social issues of the day and debating racism and the shipment of scrap metal to Japan. At that time, Japan was invading China.

Initially, I obeyed the curfew order. At that time, I was a twenty-three year old graduate student. When my friends saw my studying in the library, they would remind me that I had to be home at 8:00 p.m. But after intensive thinking and soul searching, I could no longer follow the order. I believed that the curfew order was wrongfully imposed on me. I was an American and thus rejected the notion that I or others in my situation

conscious of and outraged by the infringement of the constitutional rights which occurred.

During the war period, I was arrested, convicted and imprisoned for insisting on being treated like other Americans. My criminal convictions resulted in my suffering disadvantages and embarrassments which continued beyond the service of my sentence.

In 1948, when my re-appointment as a Graduate Teaching Associate was being considered, the then-president of the University of Washington sought to reject my re-appointment on grounds that I had criminal convictions. He thought my convictions made me an undesirable person to be teaching young undergraduates. Were it not for the vigorous support of the Sociology Department chairman, I would have been dismissed. My chairman stated that the reappointment should be made only on professional and scholarly grounds and that it would be unfair for the University to penalize me further. The president reluctantly approved my reappointment, but with the comment: "I still think he was wrong."

During the same period, I was called for duty on a Federal Petite Jury. I was summarily dismissed after I turned in my background sheet. Since I was very interested in serving on a jury and had made arrangements for others to assume my teaching responsibilities during my absence, I was very disappointed by my dismissal. I called Judge Bown and inquired as to whether my convictions were the reason for my dismissal. Although he

should be treated as second class citizens. As a matter of principle, it was imperative that I continue to live like other Americans, and that I should be able to enjoy the same freedom to study at the library after 8:00 p.m. as my classmates who were not of Japanese ancestry.

The exclusion order which followed and which was posted on telephone poles, stated that the order applied only to persons of Japanese ancestry, "both alien and non-alien." I did not support the exclusion order, though I became active in the American Friends Service Committee (AFSC), a Quaker organization which was assisting Japanese Americans. At this time, many of those forced to move needed help because most of the leaders of the Japanese community were already incarcerated.

After considerable thought, I decided to also defy the exclusion order. I remember discussing this with my AFSC friends. Many advised me to obey the order because it would be safer. My family expressed concern that if I did not obey the order we would not be able to remain together. However, they supported me because they understood the principles that led to my decision.

I believed that acquiescing to the exclusion order would be given helpless consent to the denial of the democratic principles for which this nation stands and to the violation of the Christian principles which give me the incentive to live.

Today, nearly forty-two years later, I am still motivated by the same deep feelings. However, I am even more [page missing]

refused to answer, it is my belief that I was deprived of the opportunity to serve on a jury due to my convictions.

Even today, the position I had taken for my principles provokes antagonism against me. The misconceptions which led to the curfew and exclusion orders continue to exist. Attached is a copy of a letter I received in October of 1982 which illustrates this point.

I spent the first decade of my professorship teaching and researching in Third World countries. It is ironic that I brought the message of American democracy to these newly self-governing peoples. When questioned about my wartime experiences, I struggled to explain why I was imprisoned in America. I was deeply embarrassed. However, I responded by stating my continuing faith in the American system of justice and my belief that a day would come when the injustices I suffered would be acknowledged and my criminal convictions would be overturned.

Of all the repercussions of my wartime conviction, none match the indignity and humiliation of losing my freedom at the hands of my own country without due process and of losing the protection of the Bill of Rights when I needed it most. The Court's decisions in my case stand for everything antithetical to the principles which led me to challenge the Government's actions toward me and other Japanese Americans.

With my Petition for writ of error coram nobis, there is now the possibility of having my wartime charges finally vacated. However, in order that this judicial action may serve to reduce

the probability that other members of minority groups will be similarly treated, it is important that the unconstitutionality of the laws under which I was convicted and the evidence leading to the vacation of charges be specified. With such a conclusion, I am prepared to consider these past injustices to principles to be corrected.

DATED this 1st day of December, 1983.

[Signature]

GORDON K. HIRABAYASHI, Petitioner

SUBSCRIBED AND AFFIRMED TO before me this 1st day of December, 1983.

[Signature]

NOTARY PUBLIC in and for the State of Washington, residing at Seattle