Scope and Content Note
The papers of Gerhard Alden Gesell (1910-1993) span the years 1913-2003, with the majority of the papers concentrated from 1962-1992. Documenting primarily Gesell's career as judge of the United States District Court for the District of Columbia and his career as a lawyer, the papers consist of eleven series: General Correspondence, Chronological File, Case File, Bench Books, Dockets, Sentencing File, Office File, Miscellany, 2018 Addition, Classified, and Oversize.
The General Correspondence series, 1968-1992, consisting chiefly of incoming letters from the public, pertains primarily to Gesell's Watergate cases, United States v. Ehrlichman and United States v. Chapin. In addition, there is correspondence relating to other cases of national and constitutional significance such as United States v. Washington Post Company (Pentagon Papers case) and United States v. Vuitch (legality of abortions in the District of Columbia). Also included are a few letters from friends, lawyers, and judges relating to Gesell's professional activities.
Because of its location in the nation's capital and its jurisdiction over cases involving federal agencies, the United States District Court for the District of Columbia is considered one of the most important venues in the country. Papers in the Chronological File, 1968-1993, reflect the wide range of civil and criminal cases Gesell heard as a district judge for this court: civil rights, constitutional law, antitrust matters, patent cases, and government regulations. This series consists of correspondence and memoranda, primarily between Gesell and judges, lawyers, prison officials, clerks, and staff, as well as an array of extensive legal papers such as opinions, orders, stipulations, and reports. Arranged by Gesell's staff, papers in the Chronological File relating to individual cases are scattered throughout the series rather than assembled in specific case files and provide some sense of the judge's day-to-day work. Although there is some overlap between the Case File series and this series, the Case File contains papers that are not included in the Chronological File. Also included are a few personal letters and notes, particularly concerning his farm near Arcola, Virginia. The docket sheets in the Dockets series may assist readers in locating specific documents of interest in the Chronological File, as they contain dated entries by the judge's staff documenting many details of each case. In order to use the docket sheets, a reader must know the document number for a case or know the year the case first appeared on the docket and search the docket sheets to locate it.
The Case File, 1956-1991, consists of two subseries: General and Special Case files. This series, also arranged by Gesell's staff, chronicles his rulings in some of his most significant and complex cases. The General subseries, 1956-1990, containing chiefly memoranda and orders, documents a wide range of civil, criminal, and miscellaneous cases. Arrangement is alphabetical by type of case and therein alphabetical by case title. This subseries includes papers pertaining to the riots at local universities in 1969 (George Washington Univ. v. Mann and Howard Univ. v. Abel), the riots in Washington, D.C., in 1969 (criminal riot cases), and the application of broadcasters for access to the Watergate tapes in order to air them for public broadcast (United States v. Mitchell). The General File is not as complete as the Special Case File and should be used in conjunction with the Chronological File.
The Special Case File, 1969-1991, contains individual cases which were maintained in case files rather than in the Chronological File or General case file. Many of the cases pertain to issues of national and constitutional significance, such as a variety of First Amendment cases (Hentoff v. Ichord and United States v. Washington Post Co.; the legality of abortions in the District of Columbia prior to the Supreme Court decision of Roe v. Wade (United States v. Vuitch); the firing of Watergate special prosecutor Archibald Cox (Nader v. Bork); the break-in at the Democratic National Committee headquarters in the Watergate complex (United States v. Ehrlichman); and Oliver L. North's role in the congressional investigation of the Iran-Contra Affair (United States v. North). The United States v. North files comprise the bulk of the Special Case File and include correspondence, memoranda, orders, transcripts, dockets, and press files. Two items pertaining to the North case are worthy of mention: a diary in which Gesell recorded notes at home at the close of the day and a letter from Gesell to Lawrence E. Walsh, head of the Office of Independent Counsel that investigated the Iran-Contra Affair, of 20 September 1991 that complimented Walsh on the way he and his staff had conducted themselves during the trial. Located in the folder "Correspondence: General, Feb. 1990-Oct. 1991," this letter is an attachment to a 24 September 1991 letter from Walsh to Gesell.
The Bench Books series, 1968-1993, contains Gesell's notes about the cases which came before his court. Arrangement is chronological, except for three volumes that are alphabetical by topic or case title. Dates written by Gesell's staff on the cover of the bench books are not always accurate.
Papers in the Dockets series, 1959-1992, provide a record of the name and docket number of individual cases. Also included are brief notes by the judge's staff recording many of the legal documents issued and filed. Arrangement is alphabetical by type of case, civil or criminal, and therein chronological by year. The Dockets series may assist readers in locating entries to specific cases, particularly the chronological file and the bench books.
The Sentencing File, 1968-1992, constituting almost half the collection, includes correspondence, memoranda, presentence reports, orders and other papers relating to the sentencing process of Gesell's criminal cases. A presentence report was prepared by a probation officer to assist the judge in determining a defendant's sentence. It generally contains information on the offense, the defendant's prior criminal record, family history, marital status, education, employment, health, military service, and financial condition, and an evaluation and recommendation by the probation officer. Serving as a record of every person sentenced by Gesell, the file reflects the vast economic and demographic changes in the District of Columbia over a twenty-year period and contains valuable social data about families, crime, the judicial system, and race relations. Papers in the presentencing file are arranged into three chronological sequences, 1968-1979, 1980-1989, and 1990-1992. The earlier sequences contain more extensive background information, while the later files indicate the judgment and terms of the sentence. Also included in this series are two card files arranged by defendant's name, one recording the sentences and the other indicating the cases in which charges were dropped or the defendant was found not guilty.
The Office File series, 1965-1993, relates to Gesell's administrative and professional duties as a district judge. The majority of the papers chronicle his activities with various committees and his sitting by designation with the United States Court of Appeals for the District of Columbia Circuit.
The final series, Miscellany, 1945-1993, includes speeches and writings by Gesell, reminiscences written by his law clerks, photographs and political cartoons, and tributes to Gesell after his death. One of the more important items in this series is a notebook containing Gesell's memoirs, "My Jealous Mistress," and background memoranda about significant cases and events.
The 2018 Addition, 1913 to 2003, complements the initial portion of the collection and includes material relating to Gesell's career as a lawyer with the firm of Covington & Burling in Washington, D.C., his work with the Securities and Exchange Commission, his tenure as a federal judge, his work with government committees and presidential campaigns, and his management of his farm in Loudon County, Va. Most of the correspondence relates to Gesell’s work as an attorney for Covington & Burling from 1941 to 1967. Correspondence after 1967 pertains mainly to Gesell’s judicial career. The early correspondence also documents Gesell’s personal activities and includes correspondence with family and friends with references to current events and local issues relating to the District of Columbia. Other material chronicling Gesell’s tenure as a lawyer in private practice is located in the Covington & Burling files.
Featured in the 2018 Addition are files, chiefly newspaper clippings, relating to his tenure with the Securities and Exchange Commission. While with the Commission, he investigated the New York Stock Exchange arising out of the Richard Whitney scandals and was responsible for investigations into the life insurance industry as special counsel to the Temporary National Economic Committee. Also present are files relating to Gesell’s judicial career, chiefly press articles and a trial transcript summary pertaining to United States v. North.
The 2018 Addition also contains a few files relating to Gesell’s work for the Joint Committee on the Investigation of the Pearl Harbor Attack and the President’s Committee on Equal Opportunity in the Armed Services. A letter in the Armed Services committee’s file indicated that Gesell had donated most of his files about it to the John F. Kennedy Presidential Library and Museum.
Material of a more personal nature in the 2018 Addition are financial ledgers and papers documenting Gesell’s personal finances, farm ledgers and other files pertaining to Gesell’s cattle farm, and political files documenting his work for the Democratic Party in the presidential campaigns of 1956, 1960, and 1964. Also featured are writings by Gesell containing other versions of his memoir, “My Jealous Mistress ” and condolence letters to Gesell’s wife from judges, lawyers, government officials, the public, and friends after Gesell's death in 1993.
Among the most significant and frequent of Gesell's correspondents are Dean Acheson, Harding F. Bancroft, Howard C. Bratton, Warren E. Burger, Joseph M. Fitzpatrick, John M. Harlan, Hubert H. Humphrey, Lyndon B. Johnson, Irving R. Kaufman, J. Edward Lumbard, John Lord O'Brian, Frank T. Remington, John J. Sirica, Potter Stewart, Lawrence E. Walsh, Earl Warren, and Frank W. Wilson.