Leon Josephson


Leon Josephson was an American Communist labor lawyer for International Labor Defense and a Soviet spy. He received a 1947 Contempt of Congress citation from House Un-American Activities Committee.

Background

Leon Josephson was born into a Jewish family in 1898, in either Goldingen or Libau in Latvia, Russian Empire. He had four elder siblings: Ethel, David, Louis, and Lillie. His family emigrated from Libau in 1900 and settled in Trenton, New Jersey, where another brother, Barney, was born in 1902. His father, Joseph, a cobbler, died shortly after Barney's birth. His mother, Bertha Hirschfield, was a seamstress. Leon attended Trenton High School and graduated from New York University Law School in 1919.

Career

Josephson and his brother Louis became lawyers. In 1921, Josephson was admitted to the New Jersey state bar. In 1923, he traveled to the Soviet Union. In 1927, he visited Berlin. He practiced law in Trenton from 1926 to 1934.
In 1926, Josephson joined the Communist Party.

International Labor Defense

In 1929, Josephson was a lawyer for International Labor Defense. In 1929, he served on the defense team for union organizers in Loray Mill strike in Gastonia, North Carolina charged with conspiracy in the strike-related killing of a police chief. Co-defendant Fred Beal was later to charge that Josephson's defense strategy of sticking to the facts and of not playing into the prosecution's attempt to place the defendants' communist beliefs on trial was deliberately sabotaged by the party intent on creating further martyrs.
Josephson traveled to Europe for ILD in 1929, 1930, and 1931. In 1932, he traveled to the Soviet Union. Beal, then in Soviet exile, in later testimony to House Un-American Activities Committee claimed that he had met Josephson several times in Moscow and that he knew him to be a "GPU agent". At the time, in 1932, Josephson was formally registered as an employee of the Soviet trading agency Amtorg.

Espionage

At some point, Josephson had begun working for the Soviet secret services. One of his codenames or covers was "Bernard A. Hirschfield." In 1932, he was "involved in providing support for the Russian illegal LYND, then visiting India."
On August 31, 1934, Josephson signed his name "Bernard A. Hirschfield," witnessed by Harry Kwiet, on a passport application for one "Samuel Liptzen" with a photo of Gerhart Eisler.
By 1935, Josephson was reporting to Alexander Ulanovsky, recently rezident or Soviet station chief in New York and whose network members included Whittaker Chambers). Ulanovsky had resurfaced in Copenhagen to head Soviet espionage ring that collected military information on Nazi Germany. The Danish police arrested Ulanovsky and two Americans, Leon Josephson and George Mink, following a search of their hotel room which turned up codes, money, and multiple passports. The motive for the search was a charge of rape against Mink by a chambermaid. Ulanovsky claimed they were Jewish anti-fascists acting on their own, but the police produced information, possibly obtained from the Gestapo, that proved they were working for Soviet intelligence. The Danes held a secret trial and convicted Ulanovsky of spying and sentenced him to eighteen months in prison. He was later deported to the Soviet Union. Josephson returned to America. Mink had four fake passports on him. Danish investigators got help from American counterparts, who learned that Mink's passport for "Harry Kaplan" had been stolen by Leon Josephson's brother, Barney Josephson. Josephson spent four months in jail, awaiting trial. A Danish court found the evidence insufficient, and Josephson returned to the States. Later, State Department handwriting experts determined that the signature for another of the four passports was Josephson's. A third American with them was "Nicholas Sherman," really Robert Gordon Switz.
Around 1938, Josephson helped steal the papers of communist defector Jay Lovestone, according to Lovestone himself during testimony to the Dies Committee.

Café Society

In December 1938, Leon borrowed $6,000 so his brother Barney could open Café Society in a basement room on Sheridan Square, West Village, New York City. Billie Holiday sang in Café Society's opening show in 1938 and performed there for the next nine months. Josephson set down certain rules around the performance of "Strange Fruit" at the club: it would close Holiday's set; the waiters would stop serving just before it; the room would be in darkness except for a spotlight on Holiday's face; and there would be no encore.
Barney Josephson later said:
I wanted a club where blacks and whites worked together behind the footlights and sat together out front... There wasn't, so far as I know, a place like it in New York or in the whole country.

Few nightclubs permitted blacks and whites to mix in the audience. The Cotton Club in Harlem was segregated, admitting only occasional black celebrities to sit at obscure tables and limiting black customers to the back of the room behind the pillars and partitions. Clubs south of Harlem, like the Kit Kat Club, did not let African Americans in at all. Segregation in the States was relentless: as Josephson told Reuters in 1984, "The only way they'd let Duke Ellington's mother in was if she was playing in the band."

HUAC

HUAC 1: no-show

On February 2, 1947, Josephson failed to appear under subpoena. He would have appeared with Gerhart Eisler, Ruth Fischer, Wiliam Nowell, Louis F. Budenz, and others. On that date, the House Un-American Activities Committee produced evidence that Josephson had forged his name as "Bernard A. Hirshfield" for a "Samuel Liptzen" on a passport application dated August 31, 1934, which bore a photo of Gerhart Eisler. On February 5, Josephson sent a telegram to HUAC chairman U.S. Rep. J. Parnell Thomas that advised, "Unable appear before your committee February 6th, due inadequate notice of less than 48 hours. Counsel advises me such short notice unreasonable and that
I am entitled to reasonable notice. Willing appear at later date fixed by you if reasonable notice given me."

Nixon's maiden speech to Congress

On February 18, 1947, freshman U.S. Representative Richard M. Nixon mentioned Josephson's name often in his maiden speech to Congress:
Mr. Speaker, on February 6, when the Committee on Un-American Activities opened its session at 10 o'clock, it had by previous investigation, tied together the loose end of one chapter of a foreign-directed conspiracy whose aim and purpose was to undermine and destroy the government of the United States. The principal character of this conspiracy was Gerbert Eisler, alias Berger, alias Brown, alias Gerhart, alias Edwards, alias Liptzin, alias Eisman, a seasoned agent of the Communist International...
Two other conspirators and comrades of Eisler, Leon Josephson and Samuel Liptzin, who were subpenaed to appear, did not appear; Josephson contended by telegram that two days was not sufficient notice for him to come from New York to Washington... It is no wonder that Eisler refused to talk and Josephson and Liptzin did not respond to the subpenaes...
I think I am safe I announcing to the House that the committee will deal with Mr. Josephson and Mr. Liptzin at a very early date... Now the handwriting on this application, according to the questioned documents experts of the Treasury Department, is that of Leo Josephson; the name on this application is that of Samuel Liptzin the picture on this application is that of Gerhart Eisler; the signature of the identifying witness, Bernard A. Hirschfield, is also in the handwriting of Leon Josephson...

HUAC 2: contempt of Congress

On March 5, 1947, several witnesses appeared before HUAC. First came the real Samuel Liptzen, accompanied by labor lawyer Edward Kuntz as counsel: both were sworn in. Liptzen was born on March 13, 1893, in Lipsk, Russia. In April 1909. he emigrated to the United States. On March 13, 1917, he became an American citizen. In 1920 or 1921, Liptzen became a Party member. He had been a tailor and a member of the Amalgamated Clothing Workers of America. Then he worked in the fur industry until he became sick from dye. Between 1926 and 1928, he traveled twice to Canada. In 1928 or 1929, he ran for the New York City Assembly. In 1935, he lived in Los Angeles. For two or three years, he had worked in the offices of the Morning Freiheit. He claimed he had been unable to appear on February 6, 1947, as required by subpoena because of the illness of "the missus with whom I have the rooms," named Mrs. Annie Halland. He also stated that he had never applied for a passport – despite a passport application in his name dated August 31, 1934. Liptzen swore on the spot: "It isn't my signature... absolutely not," nor his photo, nor a photo of anyone he knew. Liptzen could not produce his naturalization papers, nor when he lost them due to robbery, nor exactly where he lived when his home was robbed. Liptzen also denied ever "loaning" anyone his naturalization papers or knowing Josephson or Eisler.
Attorney Edward Kuntz was representing both Liptzen and the Morning Freiheit; until a few years before, he had already represented the Daily Worker. Kuntz described building occupants at 35 East 12th Street in New York City: CPUSA national committee on top ninth floor, Daily Worker editorial offices on eighth, F. & D. Printing Co. on seventh, Morning Freiheit sixth, CPUSA state on fifth, Daily Worker business offices on second, and F. & D. Printing Co. presses in the basement. Kuntz explained that he had changed the legal status of the Freiheit from business to membership corporation and that there were some communists who were corporate members and contributing journalists.
Nixon resumed questioning of Liptzen thereafter, asking him how he had managed not to see Eisler in that building; Liptzen simply denied knowing him or having seen him. HUAC member U.S. Rep. Bonner resumed questioning of Kuntz to ask him more about the Freiheit and the owners of the building and corporation therein. Kuntz could tell him little other than the current head of the Freiheit: "Lechovitzky." HUAC member U.S. Rep. Vail resume questioning of Liptzen regarding his alleged telegram to decline appearance. Liptzen confirmed that he wrote humorous pieces for the Freiheit and had written the book In Spite of Tears. ?" Vail and Stripling resumed questioning of Kuntz, who admitted that for some years up to the early 1940s he had headed the staff of International Labor Defense and was chairman of the legal committee when ILD dissolved but denied knowing Josephson there. When asked by Stripling whether he was sympathetic to communism, Kuntz answered, "Most of it" but denied being a communist. Kuntz, who denied knowing Eisler but admitted he knew Josephson because "I used to be a habitue of Cafe Society." Their joint testimony ended with HUAC's informing Liptzen that he remained under subpoena and was "not excused" but rather subject to recall.
That day, Josephson also appeared under subpoena before HUAC. He refused to be sworn in due to the "unconstitutionality of this committee" and refused to answer questions. Samuel A. Newburger of New York City served as his legal counsel.
The hearing's transcript records:
The Chairman: Mr. Josephson, will you stand and be sworn?
Mr. Josephson: I will not be sworn.
Mr. Stripling: Will you stand?
Mr. Josephson: I will stand.

Mr. Stripling: Do you refuse to be sworn?
Mr. Josephson: I refuse to be sworn.
Mr. Stripling: You refuse to give testimony before this sub-committee?
Mr. Josephson: Until I have had an opportunity to determine through the courts the legality of this committee.
The Chairman: You refuse to be sworn, and you refuse to give testimony before this committee at this hearing today?
Mr. Josephson: Yes.
The appellant was then excused subject to call either by the sub-committee or the full committee.
As a result, Josephson was found guilty of contempt of Congress.