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Every case on this show gets the same treatment
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before we ever sit down to record. Full timeline.
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Every piece of physical evidence. Every post
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-case development run down to the source. If
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you want to check our work, and you should, the
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full source list for this episode is sitting
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right there in the episode notes. I'm Eli Marchetti.
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And Simone Valdez. This is Precision and Instinct.
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Sundown, June 19th, 1953. Ossining, New York.
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A prison called Sing Sing. A husband and wife
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are walked separately into a room with one chair.
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Wood. Leather straps. A metal cap. He goes first.
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Three jolts. 2 ,000 volts each. Then her. And
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here's the part that still turns my stomach.
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It takes five. Julius and Ethel Rosenberg. The
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only American civilians ever executed for espionage
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in peacetime. Convicted of handing the Soviet
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Union the design for the atomic bomb. Except,
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that's not quite what the evidence says. Not
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against both of them, anyway. I'm Eli Marchetti.
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I'm Simone Valdez. This is Precision and Instinct.
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Let's build the people before we build the case.
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Julius Rosenberg, born 1918, Lower East Side,
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electrical engineering degree from City College.
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Ethel. Born Ethel Greenglass, 1915. Wanted to
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sing on Broadway. Ended up a secretary and a
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labor organizer instead. They meet at a young
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Communist League event. Married in 39. Two boys,
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Michael and Robert. On paper, it's a Bronx apartment,
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a union card, and a couple who genuinely believed
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the Soviet Union was the future. That belief
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is not in dispute. What's in dispute is what
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they did about it. Here's my instinct read before
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we even open the file. Everything about how this
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case gets prosecuted later, the two Jewish immigrant
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kids from the Lower East Side, the crime of the
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century language, that's not incidental. That's
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the atmosphere the whole thing breathes in. Fair,
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but let's be precise about that atmosphere. Because
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it's easy to hear communist in 1940s New York
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and picture something fringe. It wasn't. Nationally,
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the Communist Party USA topped out around 75
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to 100 ,000 members out of a country of over
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130 million, a rounding error. But numbers lie
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if you zoom out too far. Zoom into the actual
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rooms Julius and Ethel lived in. Lower East Side,
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working class, Jewish, labor movement New York.
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And that party card isn't exotic. It's practically
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neighborhood furniture. This is the depression.
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25 % unemployment. Bread lines around the block.
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Capitalism looks, to a lot of people, like it
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just visibly failed. Soviet propaganda is selling
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full employment and a planned economy. And for
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a generation that watched the system they grew
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up in collapse, that's not naive. It reads like
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the rational bet. And it's not just economics.
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By the mid to late 30s, the party's rebranding
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itself as the loudest anti -fascist voice in
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the country, ahead of the mainstream parties,
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ahead of most of Washington. For Jewish families
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who'd fled pogroms in Europe, watching Hitler
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rise while their own government dragged its feet.
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That pulls people in who never opened a page
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of Marx. They're there for the anti -fascism.
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So this is the world Julius and Ethel meet in,
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a young communist league event, a few years before
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they marry, not radicals in a vacuum, two kids
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from a very specific, very real corner of American
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life, where this was simply what a politically
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engaged young Jewish New Yorker looked like.
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That sympathy doesn't hold forever, for what
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it's worth. Stalin signs a non -aggression pact
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with Hitler in 1939 and membership craters. People
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quit in disgust overnight. It creeps back up
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once the USSR becomes a wartime ally against
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the Nazis. Then it's gone for good once the Cold
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War sets in and Khrushchev's own revelations
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about Stalin's purges come out. Which matters
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for where we're headed, because the country that
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executes the Rosenbergs in 1953 is not the country
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they joined the party in. By the time Julius
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and Ethel are on trial, that entire political
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current, mainstream and almost unremarkable in
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1936, has been redefined as treasonous by default.
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Same beliefs, completely different verdict on
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holding them. That's the atmosphere. Now, precision
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wants the paper trail. And the paper trail starts
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with a man named Klaus Fuchs. Fuchs is a German
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-born physicist working on the actual Manhattan
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Project at Los Alamos. British intelligence catches
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him in early 1950. He's been passing atomic secrets
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to Moscow for years. Under interrogation, he
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gives up his American courier. A chemist named
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Harry Gold. Gold gives up the next link, a Los
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Alamos Army machinist who'd been passing him
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sketches of the bomb's lens mold implosion mechanism.
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David Greenglass, Ethel's little brother. Greenglass
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is arrested in June 1950, and within weeks, he's
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naming the man who recruited him in the first
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place, his brother -in -law. Julius. The FBI
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arrests Julius on July 17, 1950. Ethel, despite
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there being no comparable chain leading to her,
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is arrested three weeks later on August 11th.
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And that gap matters. That's not evidence catching
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up to her. That's a decision. Let's talk physical
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evidence, because there's genuinely a piece of
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pop culture famous evidence here, and it's smaller
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than people remember. The Jell -O Box. Gold needed
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a way to identify himself to Greenglass as Julius's
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courier, so Julius cuts the side panel off a
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box of jello into a jagged shape, gives half
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to Greenglass, keeps the matching half. When
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Gold shows up in Albuquerque and the two torn
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edges fit together like a puzzle piece, Greenglass
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knows he's legitimate. It's almost absurdly simple.
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A grocery store box as a spy credential. But
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it's also exactly the kind of tradecraft detail
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that's hard to fabricate. Both green glasses
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testified to it independently, and it lines up
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with Gold's own account. Sure, but notice what
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that evidence actually proves. It proves Julius
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ran a courier drop. It says nothing about Ethel.
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The box was in his hand by his sister -in -law
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Ruth's own testimony. Which brings us to the
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testimony that actually convicted her. At trial,
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David Greenglass takes the stand and says that
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in September 1945, he watched his sister Ethel
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sit at a portable typewriter in the Rosenberg's
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apartment and type up his handwritten notes on
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the atomic bomb, notes meant for the Soviets.
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That's it. That's the single piece of testimony
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that turns Julius's wife, who may have known
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things, into co -conspirator facing the chair.
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The prosecutor, in his summation, all but says
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it outright. The typewriter is what makes her
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an active participant instead of a bystander.
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Now here's where my gut starts screaming, and
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I want you to sit with the timeline. David and
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his wife Ruth had been the government's key witnesses
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since the day of their arrest. But according
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to FBI records, neither of them mentioned Ethel
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typing anything, not once, until 10 days before
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trial. 10 days. Ten days before trial, David
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Greenglass suddenly remembers his sister at a
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typewriter, five years after the fact. And Ruth
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Greenglass, who actually faced no charges at
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all, corroborates it on the stand. I'll give
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you that the timing is suspicious on its face,
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but suspicious timing isn't the same as false
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testimony. People do recover memories closer
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to a trial when they're finally asked the right
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question. Except we don't have to guess anymore,
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Eli. In 2001, David Greenglass told New York
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Times reporter Sam Roberts, on the record, that
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he lied. He said he never actually saw Ethel
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typing anything. He only knew about it secondhand,
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from Ruth. He said he testified against his own
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sister to keep Ruth out of prison, so she could
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stay home and raise their kids. Without that
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testimony, I believe she would not have been
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convicted, let alone executed. That's Roberts'
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own assessment, and it's hard to argue with.
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The typewriter was the smoking gun, and the man
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holding it now says the gun was empty. He buried
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his sister and lived another 60 years under an
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assumed name in Queens, trying not to be found.
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Precision has to be honest about the other side
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of this, because it cuts hard against easy sympathy.
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In 1995, the NSA finally declassified the Venona
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Project, decrypted World War II -era Soviet cable
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traffic sitting classified for 50 years. And
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Julius is all over it. Under the codename Liberal,
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one cable has Soviet intelligence worrying about
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overworking him. That's how productive a source
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he was. Combined with co -defendant Morton Sobel's
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own 2008 confession that he and Julius had been
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passing military secrets for years, there is
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no serious historical argument left that Julius
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Rosenberg was innocent. I'm not going to pretend
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otherwise. Even his own sons, who spent decades
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insisting on their father's innocence, came out
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after Sobel's confession and said, in their words,
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they had no reason to doubt it. That's Michael
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and Robert. Two boys, 10 and 6 years old when
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their parents were arrested. We're going to come
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back to them, but finish the cable story first,
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because this is where precision and instinct
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actually agree, and it's rare. Ethel appears
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in exactly one Venona message, not as an agent,
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as a wife. The cable describes her as politically
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sympathetic, in poor health, aware of her husband's
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work. It does not assign her a codename. She
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never transmitted anything. By the government's
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own intercepted communications, she was not treated
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as an operative. A declassified 2025 memo, one
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attributed to the NSA's own lead Venona decryptor,
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put it about as plainly as a government document
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ever puts anything. Ethel was not a spy. So why
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prosecute her at all if the case was this thin?
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Here's my read, and it's not really speculation
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at this point. It's what the prosecutors said
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themselves at the time. Ethel was leverage. The
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government's real target was breaking Julius,
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getting him to name the rest of the ring. The
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threat of executing his wife was the pressure
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they thought would make him talk. He never did.
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He never did. And instead of backing off, they
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carried the leverage all the way through to the
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chair. Because backing off at that point would
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have meant admitting the leverage was empty.
00:10:55.440 --> 00:10:57.779
And here's what turns the leverage theory from
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instinct into paper trail. It wasn't just outside
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critics who thought executing her went too far.
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FBI Director J. Edgar Hoover, the man running
00:11:07.480 --> 00:11:10.320
the entire investigation, recommended against
00:11:10.320 --> 00:11:14.000
it. A memo drafted for him argued no purpose
00:11:14.000 --> 00:11:16.399
would be served by a death sentence for Ethel.
00:11:16.860 --> 00:11:19.860
Hoover wanted 30 years for her, with Julius'
00:11:20.120 --> 00:11:22.799
sentence tied to whether he cooperated. And when
00:11:22.799 --> 00:11:25.220
Judge Kaufman formally consulted the prosecution
00:11:25.220 --> 00:11:28.100
team after the guilty verdict, asking whether
00:11:28.100 --> 00:11:30.299
both Rosenbergs should get the same sentence,
00:11:30.659 --> 00:11:33.980
that team, as a body, was reluctant to back her
00:11:33.980 --> 00:11:37.379
execution too. So the two institutions that actually
00:11:37.379 --> 00:11:40.639
built this case, the FBI that investigated it,
00:11:40.679 --> 00:11:43.480
and the prosecutors who tried it, both leaned
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toward sparing her life. Kaufman had that on
00:11:46.559 --> 00:11:49.000
the record, and he sentenced her to death anyway.
00:11:49.480 --> 00:11:51.860
Which makes what happened next even harder to
00:11:51.860 --> 00:11:54.639
defend. Because the official team being reluctant
00:11:54.639 --> 00:11:57.120
didn't mean nobody was pushing the other way.
00:11:57.360 --> 00:12:00.379
I want to name the judge because precision doesn't
00:12:00.379 --> 00:12:02.559
get to skip the parts of the system that failed
00:12:02.559 --> 00:12:05.769
here. Irving Kaufman presided. Decades later,
00:12:05.990 --> 00:12:09.230
FBI memos, released after a Freedom of Information
00:12:09.230 --> 00:12:12.870
request filed by the Rosenbergs' own sons, showed
00:12:12.870 --> 00:12:15.649
Kaufman had been in private, one -sided contact
00:12:15.649 --> 00:12:18.529
with one member of that prosecution team before
00:12:18.529 --> 00:12:21.990
sentencing, a 23 -year -old assistant named Roy
00:12:21.990 --> 00:12:25.590
Cohn, who broke ranks with his own office's reluctance
00:12:25.590 --> 00:12:28.490
and personally lobbied the judge for death, for
00:12:28.490 --> 00:12:32.360
Ethel specifically. That's a serious breach of
00:12:32.360 --> 00:12:35.139
judicial ethics, confirmed by the paper record,
00:12:35.320 --> 00:12:38.860
not rumor. One ambitious young man, going around
00:12:38.860 --> 00:12:41.840
the very team he worked for, is what closed the
00:12:41.840 --> 00:12:44.059
gap between the government leaned toward mercy
00:12:44.059 --> 00:12:47.259
and the government killed her. That's this whole
00:12:47.259 --> 00:12:50.779
case in a single fact. And this trial makes his
00:12:50.779 --> 00:12:53.879
career. He goes on to be Joseph McCarthy's chief
00:12:53.879 --> 00:12:57.259
counsel. Later in life, he mentors a young real
00:12:57.259 --> 00:12:59.659
estate developer in New York on how to fight
00:12:59.659 --> 00:13:02.480
in public and never apologize. We're not going
00:13:02.480 --> 00:13:05.220
to say the name. You already know it. We don't
00:13:05.220 --> 00:13:07.720
have to connect that dot for you. It's just a
00:13:07.720 --> 00:13:09.679
fact sitting there in the historical record,
00:13:09.940 --> 00:13:14.000
waiting for whoever wants to pick it up. Let's
00:13:14.000 --> 00:13:16.399
stay with Cohn for a minute, because Precision
00:13:16.399 --> 00:13:19.419
thinks his backstory actually explains the climate
00:13:19.419 --> 00:13:22.379
this whole case happened in, not just one man's
00:13:22.379 --> 00:13:25.620
opportunism. My instinct's been itching to get
00:13:25.620 --> 00:13:28.379
here since we said his name the first time. Roy
00:13:28.379 --> 00:13:31.779
Cohn is one of the strangest, most self -contradictory
00:13:31.779 --> 00:13:33.980
figures to walk through 20th century American
00:13:33.980 --> 00:13:38.759
power. Born 1927, Bronx, into money and legal
00:13:38.759 --> 00:13:42.360
pedigree, his father was a judge. Family lore
00:13:42.360 --> 00:13:44.879
has it his own parents' marriage was practically
00:13:44.879 --> 00:13:47.460
a business transaction. His mother's wealthy
00:13:47.460 --> 00:13:50.519
family bankrolled his father's judgeship in exchange
00:13:50.519 --> 00:13:54.029
for the wedding. Cohn is raised from birth in
00:13:54.029 --> 00:13:56.669
a household where ambition and transaction are
00:13:56.669 --> 00:14:00.509
the same language. He's a prodigy on paper, Columbia
00:14:00.509 --> 00:14:03.370
Law School at 20. But everyone who worked with
00:14:03.370 --> 00:14:05.950
him says the same thing. It was never really
00:14:05.950 --> 00:14:09.190
about the law. It was about winning and being
00:14:09.190 --> 00:14:12.289
feared while doing it. The Rosenberg trial is
00:14:12.289 --> 00:14:15.730
his first major national stage at 23 years old.
00:14:15.850 --> 00:14:18.389
And by his own later boasting, he didn't just
00:14:18.389 --> 00:14:21.220
prosecute. He claimed he privately engineered
00:14:21.220 --> 00:14:24.100
which judge got the case and then lobbied that
00:14:24.100 --> 00:14:27.240
judge toward a death sentence. That's not tough
00:14:27.240 --> 00:14:30.799
young lawyer having a big case. That's a 23 -year
00:14:30.799 --> 00:14:33.259
-old deciding two people should die and then
00:14:33.259 --> 00:14:36.320
working the machinery until they did. From there,
00:14:36.320 --> 00:14:38.539
he goes straight to Joseph McCarthy's committee
00:14:38.539 --> 00:14:42.080
as chief counsel, 18 months at the absolute center
00:14:42.080 --> 00:14:45.039
of the anti -communist hearings. Same playbook,
00:14:45.200 --> 00:14:48.720
destroy first, ask questions never. Here's where
00:14:48.720 --> 00:14:51.100
the self -loathing thread comes in. And it's
00:14:51.100 --> 00:14:54.299
not speculation. It's documented. While Cohn
00:14:54.299 --> 00:14:56.679
is helping drive the hunt for communists in government,
00:14:57.000 --> 00:14:59.580
that same McCarthy -era machinery is running
00:14:59.580 --> 00:15:02.799
a parallel purge. Historians call it the Lavender
00:15:02.799 --> 00:15:05.539
Scare, hunting gay men and women out of federal
00:15:05.539 --> 00:15:09.000
jobs as supposed security risks. Cohn himself
00:15:09.000 --> 00:15:12.519
was gay. closeted his entire public life, seen
00:15:12.519 --> 00:15:15.799
for years at Studio 54 with young male companions,
00:15:16.059 --> 00:15:18.840
and denying it to every reporter who asked right
00:15:18.840 --> 00:15:22.120
up to his death. A man helping fuel a persecution
00:15:22.120 --> 00:15:25.240
machine built, in part, to destroy people like
00:15:25.240 --> 00:15:28.559
himself. That's not a footnote. That's the psychological
00:15:28.559 --> 00:15:32.059
engine of the whole era. Paranoia doesn't just
00:15:32.059 --> 00:15:34.700
point outward. It eats the people running it,
00:15:34.700 --> 00:15:38.139
too. He spends the following decades representing
00:15:38.139 --> 00:15:42.100
mob bosses, shipping magnates, Studio 54's owners,
00:15:42.340 --> 00:15:45.620
always ambitious, always operating right at the
00:15:45.620 --> 00:15:48.399
edge of the law, indicted three separate times
00:15:48.399 --> 00:15:51.679
for bribery, perjury, mail fraud, obstruction,
00:15:52.120 --> 00:15:56.659
extortion, never convicted, not once. Until finally,
00:15:56.840 --> 00:16:00.860
in 1986, six weeks before his death, a disciplinary
00:16:00.860 --> 00:16:03.700
panel disbars him for stealing money from a client.
00:16:04.159 --> 00:16:06.879
and a string of other conduct they called particularly
00:16:06.879 --> 00:16:10.620
reprehensible. His response, reportedly, was
00:16:10.620 --> 00:16:13.940
to call the judges a bunch of yo -yos. He was
00:16:13.940 --> 00:16:16.399
dying of AIDS at the time. He told the press
00:16:16.399 --> 00:16:19.519
it was liver cancer all the way to the end. And
00:16:19.519 --> 00:16:21.940
the people he'd spent decades collecting as friends
00:16:21.940 --> 00:16:24.679
and protégés, including the man he'd mentored
00:16:24.679 --> 00:16:26.820
in real estate and public combat starting in
00:16:26.820 --> 00:16:30.039
the 1970s, mostly disappeared once he couldn't
00:16:30.039 --> 00:16:32.580
do anything for them anymore. There's one more
00:16:32.580 --> 00:16:35.279
detail here Precision thinks earns its place.
00:16:35.620 --> 00:16:38.899
Decades later, a documentary examines Cohn's
00:16:38.899 --> 00:16:43.039
entire life. The Rosenberg trial, McCarthy, the
00:16:43.039 --> 00:16:46.159
mob clients, the closeted double life, all of
00:16:46.159 --> 00:16:50.159
it. It's directed by Ivy Mirapole. Julius and
00:16:50.159 --> 00:16:52.799
Ethel's own granddaughter, making a film about
00:16:52.799 --> 00:16:55.019
the man who helped put her grandparents in the
00:16:55.019 --> 00:16:58.240
chair. A boy who prosecuted a case partly built
00:16:58.240 --> 00:17:01.580
on outsider suspicion. Two Jewish radicals, a
00:17:01.580 --> 00:17:04.220
wife used as leverage, grows up to spend his
00:17:04.220 --> 00:17:06.839
whole career hiding an outsider identity of his
00:17:06.839 --> 00:17:09.400
own while helping a system punish people for
00:17:09.400 --> 00:17:12.339
exactly that kind of difference. We're not drawing
00:17:12.339 --> 00:17:14.539
a moral here. We're just telling you who was
00:17:14.539 --> 00:17:18.720
standing in the room. Appeals run for two years.
00:17:19.000 --> 00:17:22.279
The case becomes an international story. Protests
00:17:22.279 --> 00:17:25.900
in over 40 countries. Pope Pius XII appeals for
00:17:25.900 --> 00:17:40.819
mercy. Albert Einstein appeals for mercy. Eisenhower
00:17:40.819 --> 00:17:44.339
denies clemency twice. His stated reasoning is
00:17:44.339 --> 00:17:46.940
that their actions immeasurably increased the
00:17:46.940 --> 00:17:50.180
chances of atomic war. On the evening of June
00:17:50.180 --> 00:17:55.039
19, 1953, timed notably to happen before sundown
00:17:55.039 --> 00:17:57.920
brought in the Jewish Sabbath, Julius is executed
00:17:57.920 --> 00:18:01.160
first. Witnesses describe him going with what
00:18:01.160 --> 00:18:05.440
one reporter called a grotesque smile. Then Ethel.
00:18:05.619 --> 00:18:08.900
And here's the detail I can't get past. Gut or
00:18:08.900 --> 00:18:11.279
evidence, doesn't matter which lens you use.
00:18:11.640 --> 00:18:14.740
The executioner sends three shocks through Julius,
00:18:14.920 --> 00:18:18.180
and he's gone. Ethel takes four, and she's still
00:18:18.180 --> 00:18:21.960
alive. They send a fifth. Smoke was reported
00:18:21.960 --> 00:18:25.180
rising from her head. The woman the government's
00:18:25.180 --> 00:18:27.859
own intercepted cables never gave a codename
00:18:27.859 --> 00:18:31.180
to needed five jolts of 2 ,000 volts to die.
00:18:33.119 --> 00:18:37.279
Michael was 10. Robert was 6. That afternoon,
00:18:37.359 --> 00:18:39.640
they'd been in the death house for a final visit
00:18:39.640 --> 00:18:42.960
with their parents. What happened to them next
00:18:42.960 --> 00:18:45.640
doesn't get told nearly enough, and it should.
00:18:45.880 --> 00:18:48.700
No relative would take them in publicly. The
00:18:48.700 --> 00:18:52.109
family was too radioactive in every sense. They
00:18:52.109 --> 00:18:54.309
were shunted between a shelter, family friends,
00:18:54.670 --> 00:18:57.029
even pushed out of a New Jersey public school
00:18:57.029 --> 00:19:00.049
because of who they were. Their parents' defense
00:19:00.049 --> 00:19:02.950
attorney, Emanuel Block, eventually found them
00:19:02.950 --> 00:19:05.849
a home with a Bronx school teacher named Abel
00:19:05.849 --> 00:19:08.950
Mirapole and his wife, Anne. But before that
00:19:08.950 --> 00:19:11.490
home was found, it was Block himself who stepped
00:19:11.490 --> 00:19:14.690
in. He delivered the eulogy at Julius and Ethel's
00:19:14.690 --> 00:19:17.210
funeral and served as the boys' legal guardian
00:19:17.210 --> 00:19:20.029
in the raw weeks after the execution. while a
00:19:20.029 --> 00:19:23.190
permanent home was still being worked out. He'd
00:19:23.190 --> 00:19:25.950
fought this case for three years, five trips
00:19:25.950 --> 00:19:28.809
to the Supreme Court, two personal pleas to the
00:19:28.809 --> 00:19:31.309
White House for clemency. He gave it everything
00:19:31.309 --> 00:19:34.710
he had left. Seven months after the execution,
00:19:35.230 --> 00:19:37.569
Emanuel Block was found dead in his apartment,
00:19:37.789 --> 00:19:41.710
a heart attack. He was 52. The boys had already
00:19:41.710 --> 00:19:44.750
lost their parents. Within a year, they lost
00:19:44.750 --> 00:19:47.069
the one adult who'd fought hardest to keep that
00:19:47.069 --> 00:19:49.450
from happening. and who'd held them, briefly,
00:19:49.589 --> 00:19:53.430
in the gap between. You may not know Abel Mirapole's
00:19:53.430 --> 00:19:56.569
name. You know his work. Under the pen name Lewis
00:19:56.569 --> 00:20:00.309
Allen, he wrote the song Strange Fruit, the anti
00:20:00.309 --> 00:20:02.650
-lynching song Billie Holiday made immortal.
00:20:03.289 --> 00:20:07.150
A man who wrote 97 words about a government -tolerated
00:20:07.150 --> 00:20:09.769
killing spent the rest of his life raising the
00:20:09.769 --> 00:20:12.289
sons of two people he believed his own government
00:20:12.289 --> 00:20:15.789
had killed unjustly. Michael and Robert took
00:20:15.789 --> 00:20:18.779
the Mirapole name. Robert Mirapole grew up to
00:20:18.779 --> 00:20:21.279
found the Rosenberg Fund for Children, supporting
00:20:21.279 --> 00:20:23.960
kids of targeted activists and political prisoners.
00:20:24.339 --> 00:20:26.940
And both brothers spent the rest of their lives
00:20:26.940 --> 00:20:34.839
trying to get their mother's name clear. The
00:20:34.839 --> 00:20:38.880
Mirapole brothers appealed to Presidents Obama
00:20:38.880 --> 00:20:42.000
and then Biden for a posthumous exoneration of
00:20:42.000 --> 00:20:45.410
Ethel. As of this recording, neither acted. The
00:20:45.410 --> 00:20:49.230
campaign hasn't stopped. Morton Sobel, the third
00:20:49.230 --> 00:20:51.829
defendant convicted alongside them, served over
00:20:51.829 --> 00:20:54.950
18 years, including time at Alcatraz, before
00:20:54.950 --> 00:20:58.869
finally admitting his own guilt in 2008. David
00:20:58.869 --> 00:21:02.910
Greenglass died in 2014 at 92, having spent decades
00:21:02.910 --> 00:21:06.630
living under an assumed name in Queens. And in
00:21:06.630 --> 00:21:09.029
a detail almost too on the nose for fiction.
00:21:09.500 --> 00:21:12.059
Judge Kaufman later became known for a career
00:21:12.059 --> 00:21:14.559
of otherwise liberal, civil liberties protective
00:21:14.559 --> 00:21:17.539
rulings. This case followed him for the rest
00:21:17.539 --> 00:21:23.059
of his life. So, precision or instinct? Here's
00:21:23.059 --> 00:21:26.200
where I land. The evidence the government actually
00:21:26.200 --> 00:21:29.019
had on Ethel Rosenberg, at the moment they chose
00:21:29.019 --> 00:21:32.019
to prosecute her, was not evidence of a spy.
00:21:32.680 --> 00:21:36.259
It was a lever. And they used it until it killed
00:21:36.259 --> 00:21:40.700
her. I won't argue, Julius. The cables, Sobel,
00:21:40.920 --> 00:21:44.779
his own sons, that door's closed. But Ethel is
00:21:44.779 --> 00:21:47.240
a different file, and precision has to admit
00:21:47.240 --> 00:21:50.619
when the file is thin. A single Venona mention
00:21:50.619 --> 00:21:53.980
with no codename, a typewriter story that surfaced
00:21:53.980 --> 00:21:56.720
ten days before trial and was recanted decades
00:21:56.720 --> 00:21:59.859
later by the one man who told it. That's not
00:21:59.859 --> 00:22:02.839
proof beyond a reasonable doubt. That's a woman
00:22:02.839 --> 00:22:06.240
used as bait. Two boys stood at the White House
00:22:06.240 --> 00:22:10.099
gates in 1953. asking a president to spare their
00:22:10.099 --> 00:22:13.579
parents. One of them stood there again in 2016,
00:22:14.099 --> 00:22:16.839
an old man now, asking a different president
00:22:16.839 --> 00:22:20.299
to admit the government got it wrong. Nobody
00:22:20.299 --> 00:22:28.720
has yet. If you like tonight's case, the best
00:22:28.720 --> 00:22:30.720
thing you can do is follow the show. It costs
00:22:30.720 --> 00:22:32.960
nothing and it means we get to keep doing this.
00:22:33.140 --> 00:22:35.339
And leave a rating while you're there. It's the
00:22:35.339 --> 00:22:38.089
fastest way to help someone else find us. I'm
00:22:38.089 --> 00:22:40.890
Eli Marchetti. And Simone Valdez. Until next
00:22:40.890 --> 00:22:41.269
time.