Interviews

1. The importance of Japanese American role models in childhood community

2. Avoiding the pigeonhole of stereotypes during school years

3. First learning about the incarceration experience in college

4. Recognizing issues of dual identity in the nisei generation

5. Heightened awareness of identity as a Japanese American

6. Feeling angry upon reading of Supreme Court case, 'Korematsu v. United States'

7. Is 'Korematsu v. United States' still a threat to American civil liberties?

8. Working on the 'case of a lifetime'

Bannai,Lorraine

(b. 1955) Lawyer

Is 'Korematsu v. United States' still a threat to American civil liberties?

Certainly, as I said, given the coram nobis case, it should be read knowing that the factual underpinnings of the case have been found to be fraudulent.

Yet the case still is on the books for a few very dangerous propositions. One proposition that Korematsu can be read to support is that the military does have authority over civilians during time of national crisis. Certainly it is not the only relevant authority that exists out there. There are other cases that do say that military power over civilians must be seriously scrutinized and curtailed, and that the Constitution is the ultimate authority, even in time of crisis. But Korematsu still stands for that very dangerous proposition that the military can exercise control over civilians, number one.

Number two, it stands for certainly the dangerous precedent that civilian authorities can just delegate outright to the military the authority to take whatever acts it deems necessary, and that the civilian authorities, the President, Congress, whatever, (can) totally give up their Constitutional authority to protect the citizenry.

civil rights Fred Korematsu governments politics

Date: March 23 & 24, 2000

Location: Washington, US

Interviewer: Margaret Chon, Alice Ito

Contributed by: Denshō: The Japanese American Legacy Project.

Interviewee Bio

Sansei female. Born 1955 in Los Angeles, CA. Grew up in Gardena, CA, surrounded by a large Japanese American community. Influenced by father's role in community and politics, and mother's emphasis on education. Attended University of California, Santa Barbara where she became increasingly aware of Japanese American history, issues of ethnic identity and racial inequality. Attended the University of San Francisco School of Law where she honed her commitment to political and social activism.

Only a few years out of law school, she joined a team of lawyers working to reopen the Supreme Court's 1944 decision in Korematsu v. United States. Convicted of violating the exclusion order during World War II, Mr. Korematsu's case went all the way to the Supreme Court where the exclusion and incarceration of Japanese Americans was upheld as constitutional, based on the government's argument of 'military necessity.' Through a petition for writ of error coram nobis (establishing that the case was premised on errors of fact withheld from the judge and the defense by the prosecution), the legal team reopened the case, provided evidence that the factual underpinnings to the exclusion orders were fraudulent, and successfully had the Korematsu conviction vacated, as well as a handful of other similar convictions. In this interview, Ms. Bannai discusses the coram nobis legal team, the support for the effort among the Japanese American community, and personal lessons gained from being a part of this effort. (March 24, 2000)