Junior Mock Trial: Korematsu v. U.S
I was assigned as a defense lawyer for the case. I did one direct examination with Korematsu as the witness and presented the opening and closing statement. After the judges deliberated, they announced that the defense won the case.
Opening Statement
Your Honorable Judges, ladies and gentlemen of the courtroom...
This trial is ultimately not about national security, or what happened on December 7th 1941. It’s not about the war, sabotage, espionage, or any other type of shadowed military play between our nation and Japans. These are all but details, smaller workings that play into a larger system of injustice. The injustice that isn’t just displayed here within the case of Fred Korematsu, but against one of the very things that helped create the foundation of America’s freedom...our Constitutional Rights.
Throughout the rest of the trial, the Defense will prove that Executive Order 9066 and the internment of Japanese-American citizens did not pass any...of the three tests of Strict Scrutiny.
The Defense will bring forth expert witness Curtis Munson, who had, after analyzing and investigating extensively for signs of espionage, declared in reports that the Japanese-American citizens were of no threat to America’s West Coast Theater or to future U.S military success.
John Edgar Hoover will be a witness for the defense, explaining that any National Security threats that Japanese spies or traitors had posed were pacified by the Federal Bureau of Investigations, and that the Western Defense Command’s intelligence capabilities were flawed by the fact that they were influenced by public hysteria and a lack of judgment.
Defense witness Kenneth Ringle, with a report he had written that was based off of a two-year study on the loyalty of Japanese-Americans. In which he concluded that decisions of who was loyal and who wasn’t should be dependent on an individual basis, and not by racial prejudice.
Defense witness Ralph Lazo will help shed a perspective on the reality of the internment camps, as well as the strong spirit, courage, and loyalty of the Japanese-Americans.
Lastly, Attorney General Francis Biddle well explain his protests against the mass evacuations, and how he stood against the idea until he was at last unreasonably burdened by political pressure. His testimony shows that there was lack of justification from the government to execute the exclusion and internment of American citizens.
As we proceed into examination, bear in mind that these people, who were taken abruptly from their homes and lives, were not enemies of our land, our great country. These were children, mothers, fathers, communities...just like the ones we drive home to every night to eat dinner with, to laugh with, to love. There is no us, and there is no them. Only we... we the people of the United States, In god we trust. So we must maintain the freedom of our rights that’s found within our hearts, found within our minds... and not let fear and prejudice rule the walls of justice.
This trial is ultimately not about national security, or what happened on December 7th 1941. It’s not about the war, sabotage, espionage, or any other type of shadowed military play between our nation and Japans. These are all but details, smaller workings that play into a larger system of injustice. The injustice that isn’t just displayed here within the case of Fred Korematsu, but against one of the very things that helped create the foundation of America’s freedom...our Constitutional Rights.
Throughout the rest of the trial, the Defense will prove that Executive Order 9066 and the internment of Japanese-American citizens did not pass any...of the three tests of Strict Scrutiny.
The Defense will bring forth expert witness Curtis Munson, who had, after analyzing and investigating extensively for signs of espionage, declared in reports that the Japanese-American citizens were of no threat to America’s West Coast Theater or to future U.S military success.
John Edgar Hoover will be a witness for the defense, explaining that any National Security threats that Japanese spies or traitors had posed were pacified by the Federal Bureau of Investigations, and that the Western Defense Command’s intelligence capabilities were flawed by the fact that they were influenced by public hysteria and a lack of judgment.
Defense witness Kenneth Ringle, with a report he had written that was based off of a two-year study on the loyalty of Japanese-Americans. In which he concluded that decisions of who was loyal and who wasn’t should be dependent on an individual basis, and not by racial prejudice.
Defense witness Ralph Lazo will help shed a perspective on the reality of the internment camps, as well as the strong spirit, courage, and loyalty of the Japanese-Americans.
Lastly, Attorney General Francis Biddle well explain his protests against the mass evacuations, and how he stood against the idea until he was at last unreasonably burdened by political pressure. His testimony shows that there was lack of justification from the government to execute the exclusion and internment of American citizens.
As we proceed into examination, bear in mind that these people, who were taken abruptly from their homes and lives, were not enemies of our land, our great country. These were children, mothers, fathers, communities...just like the ones we drive home to every night to eat dinner with, to laugh with, to love. There is no us, and there is no them. Only we... we the people of the United States, In god we trust. So we must maintain the freedom of our rights that’s found within our hearts, found within our minds... and not let fear and prejudice rule the walls of justice.
Direct Examination with Korematsu (played by Araaa Aquarian)
Q: State your name and age for the court
A: Fred Korematsu and I’m twenty-five years old.
Q: Where were you born?
A: I was born in Oakland, California.
Q: Since you’re of Japanese descent do you feel that you’re loyalty is to Japan or America?
A: I was born in America, and raised on its values. I consider myself to be an American Citizen and am fully loyal to my country.
Q: Can you state an example of your loyalty?
A: Yes, I attempted to enlist in the U.S National Guard and The U.S Coast Guard after the bombing on Pearl Harbor.
Q: Why did you want to enlist after the attack?
A: I felt that I needed prove myself as an American citizen, and help America’s war effort against Japan.
Q: Why didn’t you end up serving in the military?
A: I was rejected, they wouldn’t allow me to join because they said I was a NON-ALIEN ENEMY.
Q: Why do you think that is?
A: I assume that it was because of my Japanese ethnicity.
Q: How did that impact you?
A: It made me feel ashamed of what I look like, and I feared that the government thought my allegiances were to Japan, and that I wasn’t a true American citizen.
*bring in evidence*
Q: Do you recognize this?
A: Yes, it’s a propaganda war poster.
Q: Where have you seen it?
A: I saw it in the newspaper as an advertisement a short time after Pearl Harbor.
Q: Is this a fair and accurate representation of what you saw?
A: Yes, this is the exact advertisement I saw
Q: When you saw this, what was your immediate reaction?
A: I was terrified. I knew that people associated me with the Japanese nation because of my appearance.
Q: Have you changed your appearance in any way?
A: Yes, I ended up getting surgery to make my eyes less slanted.
Q: What brought you to decide upon getting surgery?
A. I thought that if I attempted to change my appearance, I wouldn’t have to report to the government.
Q: Why didn’t you want to report to the government if it was required by law?
A: Well after seeing the wartime propaganda posters and the Civilian Exclusion order I started to fear for my life. To imagine myself being targeted because of my race, and then put into an internment camp, was an awful thought. My life was in California.
Q: What was your first reaction after seeing the Civilian Exclusion order.
A: At first, I thought the exclusion order would be only for aliens and for those that were born in Japan. I didn’t think that the government would go as far as to include American citizens. I found that, because of this, my rights were being taken away from me.
Q:Why were you so surprised by this?
A: I always thought of America as the land of the free… and I, being born here, thought I was safe from the ignorant encroachment of my rights as a human being , yet it seems to not be so.
Emily: No further questions your Honors.
A: Fred Korematsu and I’m twenty-five years old.
Q: Where were you born?
A: I was born in Oakland, California.
Q: Since you’re of Japanese descent do you feel that you’re loyalty is to Japan or America?
A: I was born in America, and raised on its values. I consider myself to be an American Citizen and am fully loyal to my country.
Q: Can you state an example of your loyalty?
A: Yes, I attempted to enlist in the U.S National Guard and The U.S Coast Guard after the bombing on Pearl Harbor.
Q: Why did you want to enlist after the attack?
A: I felt that I needed prove myself as an American citizen, and help America’s war effort against Japan.
Q: Why didn’t you end up serving in the military?
A: I was rejected, they wouldn’t allow me to join because they said I was a NON-ALIEN ENEMY.
Q: Why do you think that is?
A: I assume that it was because of my Japanese ethnicity.
Q: How did that impact you?
A: It made me feel ashamed of what I look like, and I feared that the government thought my allegiances were to Japan, and that I wasn’t a true American citizen.
*bring in evidence*
Q: Do you recognize this?
A: Yes, it’s a propaganda war poster.
Q: Where have you seen it?
A: I saw it in the newspaper as an advertisement a short time after Pearl Harbor.
Q: Is this a fair and accurate representation of what you saw?
A: Yes, this is the exact advertisement I saw
Q: When you saw this, what was your immediate reaction?
A: I was terrified. I knew that people associated me with the Japanese nation because of my appearance.
Q: Have you changed your appearance in any way?
A: Yes, I ended up getting surgery to make my eyes less slanted.
Q: What brought you to decide upon getting surgery?
A. I thought that if I attempted to change my appearance, I wouldn’t have to report to the government.
Q: Why didn’t you want to report to the government if it was required by law?
A: Well after seeing the wartime propaganda posters and the Civilian Exclusion order I started to fear for my life. To imagine myself being targeted because of my race, and then put into an internment camp, was an awful thought. My life was in California.
Q: What was your first reaction after seeing the Civilian Exclusion order.
A: At first, I thought the exclusion order would be only for aliens and for those that were born in Japan. I didn’t think that the government would go as far as to include American citizens. I found that, because of this, my rights were being taken away from me.
Q:Why were you so surprised by this?
A: I always thought of America as the land of the free… and I, being born here, thought I was safe from the ignorant encroachment of my rights as a human being , yet it seems to not be so.
Emily: No further questions your Honors.