One aspect of Magic remains controversial to this day—the amount of involvement the intercepts played in the issuing of
United States Executive Order 9066 on February 19, 1942, and subsequent
Executive Order 9102 on March 18, which led to the creation of the
Wartime Relocation Authority (WRA). This is often confused with the issue of
internment, which was actually handled by the Justice Department's
Immigration and Naturalization Service (INS) and affected all citizens of countries at war with the United States in any location. Internment of "enemy aliens" by the U.S. government began two months prior to Executive Order 9066 on December 8, 1941, immediately after the attack at Pearl Harbor and included Germans and Italians, and not just the Japanese living on the U.S. West Coast. David Lowman in his book
MAGIC: the Untold Story reports that the primary justification for the Japanese-American relocations and internments was to protect against espionage and sabotage, because Magic could not be mentioned during the war. Those defending the decision to evacuate and relocate when seen in context, notably blogger and investigative reporter
Michelle Malkin, point to Magic intercepts as partial justification for EO 9066. Malkin cites 1984 testimony of the Undersecretary with the most Magic knowledge, who stated that Magic "was a very important factor" in their considerations. Extensive additional primary source documents are cited in Malkin's book
In Defense of Internment to argue that Magic intercepts discuss the development of a spy ring among Japanese Americans by the Japanese consulates, provide the type of espionage data being sent to Japan, and much more which raised a suspicion that many thousands in the Japanese American community were an espionage risk, including members of Kibei, Issei and Nisei. In 1988,
Congress passed and President
Ronald Reagan signed legislation that apologized for the internment on behalf of the
U.S. government. The legislation said that government actions were based on "race prejudice, war hysteria, and a failure of political leadership". The hearings that produced this decision did not take into account the Magic intercepts. The following is the actual text of several Magic intercepts translated into English before and during the war and declassified and made public in 1978 by the U.S. government (
The Magic Background of Pearl Harbor, Government Printing Office, 8 volumes)
Tokyo to Washington ;Magic intercept Tokyo to Washington #44 – Jan 30, 1941 Intercept dated January 30, 1941 and noted as translated 2-7-41 Numbered #44
Japanese U.S. consulates to Tokyo Throughout the rest of 1941, some of the messages between Tokyo and its embassies and consulates continued to be intercepted. In response to the ordered shift from propaganda efforts to espionage collection, the Japanese consulates throughout the western hemisphere reported their information normally through the use of diplomatic channels, but when time-sensitive through the use of PURPLE encoded messages. This provided vital clues to their progress directly to the U.S. President and his top advisers. Intercepts in May 1941 from the consulates in Los Angeles and Seattle report that the Japanese were having success in obtaining information and cooperation from "second generation" Japanese Americans and others. ;Magic intercept LA to Tokyo #067 – May 9, 1941 Intercept dated May 9, 1941 and translated 5-19-41 Numbered #067 ;Magic intercept Seattle to Tokyo #45 – May 11, 1941 Intercept dated May 11, 1941 and translated 6-9-41 Numbered # 45
Access by Roosevelt's cabinet These intercepts plus other reports from the
FBI and the
Office of Naval Intelligence counter-espionage efforts, the TACHIBANA espionage case during summer 1941, FBI efforts against Japanese
yakuza throughout the 1930s along the
West Coast (the TOKOYO and TOYO CLUBs) were all available only to the most senior leaders in the Roosevelt cabinet. Even
J. Edgar Hoover, Director of the FBI, was not privy to the existence of Magic intelligence.
Opposing viewpoint Those who consider that
Executive Order 9066 regarding
Japanese American internment was not based on Magic intercepts, argue: • the commanding officer on the West coast, Lt. Gen. J. L. DeWitt, was not on the Magic intercept list, • his superior, Secretary of War Henry Stimson, was on the intercept list, and • Stimson requested justification for the relocation program from DeWitt. • If Magic intercepts provided justification, why ask DeWitt for further justification? One theory is that Stimson wanted DeWitt to provide justifications that could be made public, because the Magic intercepts could not be made public. The issue was inflamed due to the release of Malkin's 2004 book,
In Defense of Internment, in which the Magic intercepts play a major role in the defense of her thesis. ==Other Japanese ciphers==