The Rosenbergs | The Martyrs | 4

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0:30It's the morning of March 6, 1951, inside the Foley Square Courthouse in Manhattan. U.S. Attorney Irving Saple rises from the prosecution's table to deliver his opening statement. Behind him, the dimly lit courtroom is packed. There are news reporters from around the world, a heavy security presence, and a few lucky members of the public who managed to get seats. The trial of Julius and Ethel Rosenberg and their associate Morton Sobel has just begun, and Sapo can feel the tension in the room. The stakes are high. The Rosenbergs and Sobel are charged with conspiracy to commit espionage, and if convicted, they face sentences of 30 years in prison or even death.

1:11But the prosecutors are under pressure, too. With the Cold War escalating month by month, the government has made rooting out communist spies in America a priority. A lot of reputations are on the line with this case, so anything less than a conviction will be a damaging embarrassment. But Seppold's confident. At the age of 47, he's already secured a string of espionage convictions, and the press has dubbed him the country's number one legal hunter of top communists. Now, as he approaches the jury box, he hopes to add three more names to his tally.

1:48Ladies and gentlemen of the jury, the three defendants before you are charged with conspiracy to commit espionage. To prove this, the government simply needs to show two things. First, that the defendants agreed to carry out espionage. And second, that they each took at least one overt act to advance that agreement. But in this trial, you will hear proof of much more than that. The evidence will show many such acts by the defendants. and all of these acts were performed in furtherance of a plan to commit espionage for the benefit of the Soviet Union. Seypol stares into the juror's eyes as he continues.

2:24The evidence will show that the loyalty and allegiance of the Rosenbergs and Morton Sobel were not to the United States, but to communism. Communism in this country, and communism throughout the world. Hearing this, defense lawyer Manny Block rises from his seat. Your Honor, I'd like to instruct Mr. Seipold to refrain from any further statements about communism. Communism is not on trial here, and being a communist is not a crime. The defendants are charged with espionage, Your Honor, and I object to these remarks as irrelevant to the charges. And I object to this interruption. Well, I'm sorry, but you're already making this about the defendants' political beliefs.

3:01If you continue on like this, it'll be impossible for my clients to receive a fair trial. Judge Irving Kaufman steps in between the bickering lawyers and rules in favor of the defense, telling Seypol to leave communism out of it. Seypol grins as he accepts the ruling. Of course, Your Honor, and I apologize to the jury for Mr. Block's outburst. So let's return to the evidence. The evidence that will show the defendants' loyalty and worship of the Soviet Union. This led them to a deliberate, carefully planned conspiracy to deliver to the Soviet Union the information and weapons which the Soviet Union could use to destroy us all.

3:39Irving Seypol then lays out the basic story of how Julius and Ethel Rosenberg lured David Greenglass into passing them secrets from inside Los Alamos. Seypol is careful not to mention communism again, but he doesn't need to. He's already accomplished his goal, branding the defendants as communists and linking their crimes to their ideology. Communism may not technically be on trial, but in the eyes of the public and the jury, it might as well be.

4:11Police in Irvine, California are investigating the double murder of a young couple in the parking lot of their apartment complex. A double homicide grabs the public's attention by the throat. We have identified Christopher Dorner as a suspect in this double homicide. A former cop and still on the loose. Considered armed and extremely dangerous And scariest of all, he left something behind A particular interest is a multi-page manifesto This manifesto on Facebook is 11 pages long Trace, this manifesto from this suspect who's targeting cops, it's stunning Listen to the show The New Yorker calls one of the best podcasts of the summer Dan Taberski's manifesto And I tell you, this manifesto, it scares the hell out of me Listen to Dan Taberski's Manifesto wherever you get your podcasts or binge the entire series right now, only with Audible.

5:15From Audible Originals, I'm Lindsey Graham, and this is American Scandal.

5:39It took two weeks for the prosecution to present its case against Julius and Ethel Rosenberg and their associate Morton Sobel. Prosecutors called 19 witnesses, including the courier Harry Gold and the Rosenberg's sister-in-law, Ruth Greenglass. Gold testified about his trips to New Mexico to obtain information about the Los Alamos research facility. And Ruth repeated her story of seeing Ethel type up information for Soviet intelligence. But the star witness was David Greenglass. David told the court how Julius and Ethel had encouraged him to become a communist as a teenager and had later recruited him as a spy for the Soviets.

6:17And he echoed Ruth's testimony about his sister Ethel typing up his notes, though in reality he had no such memory. On March 21st, prosecutors rested their case. The following day, the defense called its first witness, and Julius Rosenberg stepped onto the witness stand with the fate of both himself and his wife on the line. This is Episode 4, The Martyrs.

6:43It's the morning of March 22nd, 1951. inside the Foley Square Courthouse in Manhattan. Julius Rosenberg takes a seat on the witness stand, then calmly crosses his legs and interlocks his fingers as he prepares to testify. These gestures are practiced and intentional. Julius wants to exude a sense of easy confidence to the jurors. Though the stakes couldn't be higher, his strategy is simple. Plainly and believably reject every accusation the prosecution witnesses have made against him and his wife, Ethel. Some of those accusations are true. Some are false. But that doesn't matter much. Julius is sticking with the plan he's had since before he was arrested.

7:25Admit nothing and deny everything. After Julius is sworn in, his lawyer Manny Block begins the questioning. Block walks Julius through the stories David and Ruth Greenglass have told. Point by point, Julius not only denies their claims, but tries to turn the tables on them. Julius claims it was actually Ruth who came to him in 1944. He says that she was terrified her husband David wanted to spy for the Soviets. Julius insists that he begged Ruth not to let David do it. But apparently, David decided otherwise and passed the Russians' atomic secrets on his own, without any help from the Rosenbergs.

8:02Julius testifies that he never saw David's sketches of atomic weaponry, and that his wife Ethel never typed up any notes. He even goes so far as to claim that he didn't know David was stationed in Los Alamos at the time. Then Block asks Julius, why would David lie? Julius looks pained and testifies that in the years following the war, the green glasses were in rough shape financially. Things got so bad that David tried blackmailing him for money, making vague threats that Julius would be sorry if he didn't hand it over. Julius still refused, and their relationship deteriorated from that point on.

8:37So when David was arrested by the FBI, naturally, he chose to implicate Julius as the fall guy. Little of what Julius says is true, but he hopes it's at least plausible enough to put some doubt in the juror's mind. But then the judge, Irving Kaufman, says he has some questions of his own. Kaufman asks how Julius feels about the economic system of the Soviet Union and how it compares to the United States. This is a strange question, because from the very beginning, Judge Kaufman made it clear to the courtroom that communism wouldn't be on trial. But now he's apparently changed his mind. Julius considers his words before replying.

9:15He says that he admires how the Soviets have improved the lives of the lower classes by teaching them to read and write. And he adds that Russia did the world a great service in helping defeat the Nazis. Julius explains that the people of each country have the right to choose their own system of government. And if a country wants to be communist or capitalist or even a monarchy, then that's their business. Julius hopes he's given a vague enough answer to get through the question unscathed, but Judge Kaufman gets more specific. He wants to know if Julius has ever belonged to a group that discussed the Soviet Union's political system.

9:49It's a strangely worded question, but Julius understands what Kaufman is getting at. He is asking whether Julius has ever belonged to a communist organization without actually using the word communist. And the truth is that Julius has been a member of communist organizations since he was a teenager. But he's not going to say that on the stand. So Julius invokes the Fifth Amendment. It's what his lawyers coached him to do before the trial, and it's his only option when facing a question like this. Still, Julius knows it's not ideal. The jury will likely take him pleading the Fifth as an admission that he's a communist, but it's the best Julius can do.

10:25Kaufman has clearly ignored his own instructions to disregard the Rosenbergs' political belief, and Julius only hopes the jurors will remember Kaufman's original directives better than the judge himself. Following Julius' testimony, his wife Ethel takes the stand. She backs up Julius' story that the couple had nothing to do with David Greenglass' espionage, and she also pleads the fifth when asked about her ties to communism. But the most memorable moment of Ethel's testimony comes just before she leaves the stand. The Rosenbergs' lawyer asks if Ethel still loves her brother. Quietly, Ethel replies that she used to, but after everything David has done, that's changed.

11:03They're the last words she says in her defense. Both she and Julius have done all they can. On March 28, 1951, the defense and the prosecution make their closing arguments. Then, before sending the jurors off to deliberate, Judge Kaufman gives them his final instructions. Kaufman explains that if the defendants are found guilty, They could be sentenced to 30 years in prison or even given the death penalty. But Kaufman stresses to the jury that they are not to let either possible sentence affect their decision. They must simply decide the case on the defendant's innocence or guilt. It will be up to Kaufman alone to hand down whatever punishments are due.

11:41That evening, the jurors deliberate until well past midnight. But despite seven hours of debate, they're unable to reach a verdict. So they agree to resume the following day. The next morning, the bleary-eyed jurors meet again. Pouring themselves coffee, they slowly take their places around the long table in the center of the jury room. Last to sit down is James Gibbons, a bookkeeper for a bus company. As he slides into his chair, the foreman, Vincent Lebonet, announces he'd like to start the day by taking a vote. He wants to see how close they are to actually reaching a verdict. Lebonet asks all those who now believe the defendants are guilty to raise their hands.

12:20Gibbons glances around the table as 11 other hands are raised in the air, but Gibbons remains in his lap. Everyone in the room turns to look at him, and Lebonette asks what the holdup is. Gibbons explains that he's actually pretty sure they're guilty. All three are obviously devoted communists, and it makes sense that they would try to help the Soviet Union. It's also hard to believe that David Greenglass would just make up stories to convict his own family members. Foreman Lebonette lets out a frustrated sigh. He then asks Gibbons why he voted not guilty, if he actually thinks the opposite. So Gibbons says quietly that it's something else that is making him hesitate.

12:58He reminds the room that if convicted, the defendants could get the death penalty. He knows the judge told them not to let that affect their decision, but the idea of sending a young woman with two children to her death still weighs heavily on his conscience. Levinet nods and says he can empathize, but then he suggests Gibbons think about it from a different angle. Ethel helped America's greatest enemy build its nuclear arsenal. And no doubt, right now, one of those bombs is pointed right at them at Manhattan. With the push of a button, Joseph Stalin could vaporize Gibbons and everyone he loves.

13:32That's the power Ethel knowingly gave the Soviets. So Lebonette asks Gibbons why he's showing mercy to her when she would show none to him. As Gibbons ponders that, Lebonette continues. He reminds Gibbons that there's no guarantee that Ethel and the others will be sentenced to death. Other American civilians have been convicted of espionage in recent years, and none of them have been executed. Gibbons should just do his job and let the judge worry about the sentencing. Gibbons can't argue with that final point. He was explicitly told not to let the death penalty cloud his thinking. So while even the possibility of sending Ethel to the electric chair makes him queasy, his only real choice is to do as he was instructed.

14:12So the next time Lebonette calls a vote, Gibbons raises his hand. The decision is now unanimous. The Rosenbergs and Morton Sobel are guilty. An hour later, those verdicts are read in court. There are gasps from the defendants' families and members of the public. The prosecutors celebrate with handshakes all around, but the Rosenbergs and Sobel show little outward emotion, staring straight ahead, stone-faced and subdued. From the bench, Judge Irving Kaufman says that he believes the jury came to the correct verdict. He schedules sentencing for the following week, and then the Rosenbergs and Sobel are handcuffed and led back to jail to await their fates.

14:51These guilty verdicts are celebrated in Washington. But FBI Director J. Edgar Hoover isn't done with the case yet. Soon after the convictions, he sends a letter to the Attorney General with his sentencing recommendations. Months ago, Hoover urged prosecutors to charge Ethel Rosenberg with conspiracy. The evidence against her was thin, but he hoped the threat of conviction would persuade Julius to start talking. That didn't work, and for a time, Hoover was worried that Ethel would walk free. But now that she's been convicted, Hoover has no desire to see her executed. In his memo, he recommends 30 years imprisonment over the death penalty.

15:28But it is not ultimately up to Hoover or the Attorney General. The fates of the Rosenbergs are now solely in the hands of Judge Irving Kaufman. At 40 years old, he's young for a federal judge, but he dreams of higher office, and he hopes someday to be appointed to the U.S. Supreme Court. But he's conscious that a case this famous could define the rest of his career. So Kaufman reaches out to the prosecuting attorney Irving Sapol to gauge the feelings of the Department of Justice. Sapol then travels to Washington and meets with several top assistants to the attorney general. Then he reports back that the consensus is Julius should be put to death, but they're not so sure about Ethel.

16:06Kaufman is on his own with that sentence. With just a few days left before he must hand out his decision, Kaufman is still unsure what to do. So he reaches out to Roy Cohn, a special assistant to the prosecution who also participated in the trial. Like Kaufman, Cohn is young and politically ambitious, and Kaufman hopes he'll be able to offer a valuable perspective. So on an evening in the first week of April 1951, Kaufman steps out of his synagogue on Park Avenue and dials Cohn from a nearby payphone.

16:40Roy Cohn speaking. Hey, Roy, it's Judge Kaufman. You got a minute? Oh, of course. I wanted to pick your brain. This about sentencing? What are you thinking? Well, I've decided Sobel is in one category, and Julius is definitely in another. Death? I didn't say that. Okay, but it's Ethel you're really calling about that, right? I'm just wary of how the public will react if she's in the same category as her husband. You have a better fix on these things than I do. What do you think? Well, personally, I think she's worse than Julius. She's older and she's smarter, and she's a true believer. You saw her at the trial.

17:15She sat there like the whole court was beneath her. No remorse, no fear, not even when her children were mentioned. I know. But if we give her 30 years, then perhaps she'll have time to change her mind. I'm telling you, she won't. That's a possibility. Still. I mean, executing a woman. And why should that matter? Oh, you know why. I know what people will say if you spare her. They'll say a woman can commit treason and hide behind her sex. Think about it. She's just as guilty as her husband. You'd really only be sparing her because she's a woman, right? That doesn't seem like justice to me. In fact, I'd argue it would be chauvinist not to execute her.

17:54Irving Kaufman hadn't considered that angle before, but Roy Cohn has a point. Kaufman would never single a woman out for harsher punishment, so showing Ethel Rosenberg leniency would be just as bad. Kaufman thanks Cohn for his perspective, then hangs up and hails a cab to take him home. He still hasn't made his final decision, but now, if he does choose the death penalty for both Rosenbergs, he has a way to call it fairness.

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19:33On April 5th, 1951, Judge Irving Kaufman hands down his sentences. First, Morton Sobel is given 30 years in prison. Then, Julius and Ethel Rosenberg are sentenced to die in the electric chair. Their execution is set for seven weeks later. But a lengthy appeals process is virtually guaranteed, so that date is just a temporary placeholder. In his remarks from the bench, Kaufman claims he never sought advice from the government on sentencing. But in truth, he talked to several people before making his decision. They included prosecutors Irving Sapol and Roy Cohn, as well as top Department of Justice officials in Washington.

20:10The following day, Kaufman sentences Ethel's brother, David Greenglass, to 15 years in prison, and Greenglass and his lawyers are stunned at the length of the sentence. Based on previous conversations with prosecutors, they assumed he would get a few years at most. Instead, David is transferred to a prison in Pennsylvania, nearly 200 miles away from home, to begin a long stint behind bars. Julius and Ethel Rosenberg, meanwhile, are moved to Sing Sing Prison, 30 miles north of New York City. Their two sons are left in the care of their grandmother, 60-year-old Tessie Greenglass. Tessie has been left shaken by the court's decision and by the burden it's placed on her.

20:49Her son David is locked away in prison. Her daughter Ethel has a date set with old Sparky, Sing Sing's notorious electric chair. And now Tessie has to look after two small children as well. A few days after the sentences are handed down, Tessie heads up to Sing Sing to visit her daughter. Ethel is kept in what's called the Death House, a small building adjacent to the main prison. It has heightened security and is reserved for the handful of prisoners on death row. Just entering the building sends a chill down Tessie's spine. After passing through several gates and locked doors, she's taken to a small visitor's room with a few tables and chairs.

21:26A moment later, a pair of guards brings her daughter Ethel in.

21:33Ethel is shackled and sits down heavily in her chair. There's a strict time limit on visits, so Tessie quickly starts the conversation. Ethel, the boys heard I was visiting. They practically begged me to come along. Have they gotten my letters? Yes, I've read them to them over and over. But letters aren't enough, Ethel. Tell them mommy's okay. You're on death row. The lawyers still think we have a chance. Lawyers always say that. It's how they make their money. Oh, Ethel, give the government what they want. Admit that David was telling the truth. With a wry smile, Ethel shakes her head. Of course you're taking David's side.

22:08Oh, don't start that now. This is about saving your life. Well, he was always your favorite, wasn't he? But David didn't see me type those notes because it never happened. So why don't you go to Pennsylvania, tell him to stop lying? I have no idea which one of you is telling the truth, but right now it doesn't matter. If you won't admit to the typing, then give them something. Something. Names, contacts, anything. You must have seen or heard something. No. No? That's all? Just no? That's all. So you won't betray your comrades? Ethel says nothing. Pessie throws up her hands. I have two little boys asking me whether their mother and father are coming home.

22:47I have neighbors staring at me in the street, and you sit here protecting strangers? I don't expect you to understand. Well, good, because I don't. You know, maybe the prosecutors were right. Maybe you are cold. Maybe you do care more about Stalin than your own sons. The Rosenbergs remain in the death house at Sing Sing for months, with their execution date repeatedly delayed while lawyers launch appeals on their behalf. as the legal saga drags on, public opinion on the case largely splits along political lines. Staunch anti-communists on the right are pleased with the court's original decision and approve of the sentences imposed.

23:25But on the left, many think the death penalty is an overreaction born of Cold War hysteria. And even some insist that Julius and Ethel are innocent of all charges, that they are just peace activists, targeted because of their political beliefs and their Jewish ethnicity. Those that support the Rosenbergs are especially outraged by the death sentence for Ethel. Despite the prosecutor's claims that she was the ringleader, the evidence presented against her at trial was thin. And as her sentence is carried out, she would become the first woman executed by the federal government since the Civil War.