23 December 1946 MEMORANUDM FOR MAJOR-GENERAL A. N. VASILYEV Subject: Counsel for UMEZU We have considered the matters you presented relating to the chief counsel and assistant counsel for Umezu. Had we known of the possible involvement of the chief counsel as a war criminal at the beginning of the trial the matter would have been called to the attention of the Tribunal. We think that any action on our part at this time when the Prosecution’s evidence is about complete, looking toward disbarment from participation in the trials, would have the practical effect of depriving the accused of counsel. With regard to the assistant counsel, it appears that the fact that an attorney is related to the accused has not been recognized as a ground for refusal to permit participation as counsel in a criminal trial in quite a few of the nations participating in this trial. For this reason, and for the reason set forth in the preceding paragraph, we think it inadvisable to take any action in the matters. I thank you for calling these matters to our attention. ____________ Frank S. Tavenner, Jr.