Yes, They Were Guilty. But of What Exactly?

Yes, They Were Guilty. But of What Exactly?

June 15, 2003
By SAM ROBERTS 


Fifty years ago Thursday, Julius and Ethel Rosenberg were
executed in the electric chair at Sing Sing. Their
execution, originally set for 11 p.m. on Friday, June 19,
1953, was rescheduled for 8 p.m. to avoid conflict with the
Jewish sabbath. 

"They were to be killed more quickly than planned," the
playwright Arthur Miller wrote, "to avoid any shadow of bad
taste." 

A shadow lingers. 

"I grew up believing Ethel and Julius were completely
innocent," Robert Meeropol, who was 6 years old in 1953,
says of the Rosenbergs, his parents. "By the time I
completed law school in 1985, however, I realized that the
evidence we had amassed did not actually prove my parents'
innocence but rather only demonstrated that they had been
framed." 

After digesting newly released American decryptions of
Soviet cables a decade later, Mr. Meeropol came to a
revised conclusion. "While the transcriptions seemed
inconclusive, they forced me to accept the possibility that
my father had participated in an illegal and covert effort
to help the Soviet Union defeat the Nazis," he writes in
his new memoir, "An Execution in the Family: One Son's
Journey" (St. Martin's Press). 

Of course, the Rosenbergs weren't executed for helping the
Soviets defeat the Nazis, but as atom spies for helping
Stalin end America's brief nuclear monopoly. They weren't
charged with treason (the Russians were technically an ally
in the mid-1940's) or even with actual spying. Rather, they
were accused of conspiracy to commit espionage - including
enlisting Ethel's brother, David Greenglass, through his
wife, Ruth, to steal atomic secrets from the Los Alamos
weapons laboratory where he was stationed as an Army
machinist during World War II. Mr. Greenglass's chief
contribution was to corroborate what the Soviets had
already gleaned from other spies, which by 1949 enabled
them to replicate the bomb dropped on Nagasaki. (He
confessed, testified against his sister and brother-in-law
and was imprisoned for 10 years; Ruth testified, too, and
was spared prosecution.) 

As leverage against Julius, Ethel was also indicted on
what, in retrospect, appears to have been flimsy evidence.
The government didn't have to prove that anything of value
was delivered to the Soviets, only that the participants
acted to advance their goal. 

"When you're dealing with a conspiracy, you don't have to
be the kingpin, you have to participate," says James
Kilsheimer, who helped prosecute the Rosenbergs. "You can't
be partially guilty any more than you can be partially
pregnant." 

But to justify the death penalty, which was invoked to
press the Rosenbergs to confess and implicate others, the
government left the impression that the couple had handed
America's mightiest weapon to the Soviets and precipitated
the Korean War. 

Records of the grand jury that voted the indictment remain
sealed. But we now know the Soviet cables decoded before
the trial provided no hard evidence of Ethel's complicity.
And Mr. Greenglass has recently admitted that he lied about
the most incriminating evidence against his sister. The
government's strategy backfired. Ethel wouldn't budge. The
Rosenbergs refused to confess and were convicted. 

"She called our bluff," William P. Rogers, the deputy
attorney general at the time, said shortly before he died
in 2001. 

"They had the key to the death chamber in their hands," Mr.
Kilsheimer says. "They never used it." 

Whatever military and technical secrets Julius delivered to
the Russians - and it now seems all but certain that, as a
committed Communist, he did provide information - the
Rosenbergs proved more valuable as martyrs than as spies. 

"The Soviets did win the propaganda war," said Robert J.
Lamphere, an agent for the Federal Bureau of Investigation.


The war isn't over. David Greenglass is 81; Ruth Greenglass
is 79. They live under a pseudonym because their surname
has become synonymous with betrayal of kin and country.
"Perhaps," Mr. Meeropol says, "this is David and Ruth's
final punishment." 

On Thursday, Mr. Meeropol, who is 56, and his brother
Michael, who is 60, (they took their adoptive parents'
name) will attend a program at City Center in Manhattan to
"commemorate the Rosenbergs' resistance" and benefit the
Rosenberg Fund for Children, which Robert runs. 

Michael Meeropol is chairman of the economics department at
Western New England College. Would any evidence ever
convince him that his father was a spy? "If Soviet
documents were verified as historically accurate, I'd
certainly believe that," he replied. 

Then what? How would he explain his father's behavior? "I
would have to do some thinking about my parents being
involved in dangerous things, but I can't judge people from
the 1940's," he said. "He's not in the Army. He has bad
eyesight. He can't make the contribution that others were
making. I could argue that this was a way of doing it." 

To this day, plenty of people would argue that he's wrong.


Sam Roberts, the deputy editor of the Week in Review, is
the author of "The Brother: The Untold Story of the
Rosenberg Case."

Copyright 2003 The New York Times Company