Nomination and confirmation

After winning the 1960 presidential election, president-elect John F. Kennedy appointed his younger brother as U.S. attorney general.^[100] The president-elect's first choice for the slot had been Governor Abraham Ribicoff, but the Connecticut politician declined the offer.^[101] Joseph P. Kennedy Sr. pushed for Robert Kennedy to get the position, in part on the grounds that the president would need someone in his cabinet with whom he had an absolute trust.^[102] Both brothers harbored doubts about the proposed appointment, but first John decided it was a good idea and then Robert was persuaded to accept it.^[103] The choice was controversial, with publications including The New York Times and The New Republic calling him inexperienced and unqualified.^[104] He had no experience in any state or federal court,^[105] causing the president to joke, "I can't see that it's wrong to give him a little legal experience before he goes out to practice law."^[106]

Within the United States Senate, the Republican Senate Minority Leader, Everett Dirksen, expressed doubts about Kennedy's level of legal experience but found Kennedy competent otherwise and supported the president's ability to choose his own cabinet members.^[107]^[108] Another prominent Republican, Leverett Saltonstall, supported Kennedy with enthusiasm.^[107] There was some thought that Southern Democrats might oppose the nomination.^[109] The chair of the Senate Judiciary Committee, James Eastland, had some liking for Kennedy, but another influential southerner, Richard Russell Jr., was not favorably disposed.^[110] At the behest of Vice President-elect Johnson, who wanted to demonstrate that he was still politically relevant,^[111] Bobby Baker, the Senate majority secretary and a protégé of Johnson, helped persuade Russell to not move against the appointment.^[110] How important Johnson's intercession was is uncertain,^[112] as still other southern Democrats, such as McClellan and Sam Ervin, embraced Kennedy due to his past work on the Senate Labor Rackets Committee,^[108]^[113] and overall the nomination was likely never in doubt.^[114] On January 13, Kennedy testified before the Judiciary Committee for two hours,^[113] with questioning that was largely friendly.^[114] Pressed by Roman Hruska about his lack of experience,^[113] Kennedy responded: "In my estimation I think that I have had invaluable experience ... I would not have given up one year of experience that I have had over the period since I graduated from law school for experience practicing law in Boston."^[115] At the conclusion of the hearing, Kennedy's nomination received unanimous approval from the committee.^[113]

All of President Kennedy's cabinet nominations were approved by the Senate on January 21, 1961,^[108] during a single three-and-a-half-hour session,^[107] with the other nominees being confirmed by unanimous voice votes.^[116] However, Senator Gordon Allott, a Republican from Colorado who deemed Kennedy unqualified and had come out against the nomination a week earlier,^[117] requested a division vote on the candidate, in which members indicate their sentiment by standing.^[107] In the event, Allott was the only senator who rose in opposition to the nomination.^[108]^[107] The new attorney general, along with the other cabinet members, was sworn in later that day.^[116]

For the position of Deputy Attorney General, Kennedy chose Byron White, who helped Kennedy select the rest of the department's staff.^[118] These included Archibald Cox as Solicitor General; among the Assistant Attorney Generals, Nicholas Katzenbach, Burke Marshall, and Ramsey Clark; and press aides Edwin O. Guthman and John Seigenthaler.^[119] The scholars and historians Alexander Bickel, Jeff Shesol, and Evan Thomas have all noted that with these picks, Kennedy showed he was not averse to surrounding himself with very able people who had more qualifications and experience than he did.^[120]

Author James W. Hilty concludes that Kennedy "played an unusual combination of roles—campaign director, attorney general, executive overseer, controller of patronage, chief adviser, and brother protector" and that nobody before him had had such power.^[121] To a great extent, President Kennedy sought the counsel of his younger brother, with Robert being the president's closest adviser and confidant.^[122] Kennedy exercised widespread authority over every cabinet department, leading the Associated Press to dub him "Bobby—Washington's No. 2-man."^[123]^[124] The president once remarked about his brother, "If I want something done and done immediately I rely on the Attorney General. He is very much the doer in this administration, and has an organizational gift I have rarely if ever seen surpassed."^[125]

Organized crime and the Teamsters

As attorney general, Kennedy pursued a relentless crusade against organized crime and the Mafia, sometimes disagreeing on strategy with FBI Director J. Edgar Hoover. Through speeches and writing, Kennedy alerted the country to the existence of a "private government of organized crime with an annual income of billions, resting on a base of human suffering and moral corrosion". He established the first coordinated program involving all 26 federal law enforcement agencies to investigate organized crime.^[79] The Justice Department targeted prominent Mafia leaders like Carlos Marcello and Joey Aiuppa; Marcello was deported to Guatemala, while Aiuppa was convicted of violating of the Migratory Bird Treaty Act of 1918.^[126] In 1961, Kennedy worked to secure the passage of anti-racketeering legislation (Wire Act, Travel Act, and Interstate Transportation of Paraphernalia Act) to prohibit interstate gambling. The Federal Wire Act specifically targeted the use of wire communications and sought to disrupt the Mafia's gambling operations.^[127]^[128]^[129] Convictions against organized crime figures rose by 800 percent during his term.^[130] Kennedy worked to shift Hoover's focus away from communism, which Hoover saw as a more serious threat, to organized crime.^[131] According to James Neff, Kennedy's success in this endeavor was due to his brother's position, giving the attorney general leverage over Hoover.^[132] Biographer Richard Hack concluded that Hoover's dislike for Kennedy came from his being unable to control him.^[133]

He was relentless in his pursuit of Teamsters Union president Jimmy Hoffa, due to Hoffa's known corruption in financial and electoral matters, both personally and organizationally,^[134] creating a so-called "Get Hoffa" squad of prosecutors and investigators.^[135] The enmity between the two men was intense, with accusations of a personal vendetta—what Hoffa called a "blood feud"—exchanged between them.^[136]^[137] On July 7, 1961, after Hoffa was reelected to the Teamsters presidency, RFK told reporters the government's case against Hoffa had not been changed by what he called "a small group of teamsters" supporting him.^[138]^[139] The following year, it was leaked that Hoffa had claimed to a Teamster local that Kennedy had been "bodily" removed from his office, the statement being confirmed by a Teamster press agent and Hoffa saying Kennedy had only been ejected.^[140] On March 4, 1964, Hoffa was convicted in Chattanooga, Tennessee, of attempted bribery of a grand juror during his 1962 conspiracy trial in Nashville and sentenced to eight years in prison and a $10,000 fine.^[141]^[142] After learning of Hoffa's conviction by telephone, Kennedy issued congratulatory messages to the three prosecutors.^[143] While on bail during his appeal, Hoffa was convicted in a second trial held in Chicago, on July 26, 1964, on one count of conspiracy and three counts of mail and wire fraud for improper use of the Teamsters' pension fund, and sentenced to five years in prison.^[141]^[144] Hoffa spent the next three years unsuccessfully appealing his 1964 convictions, and began serving his aggregate prison sentence of 13 years (eight years for bribery, five years for fraud)^[145] on March 7, 1967, at the Lewisburg Federal Penitentiary in Pennsylvania.^[146]

Juvenile delinquency

In his first press conference as attorney general in 1961, Kennedy spoke of an "alarming increase" in juvenile delinquency. In May 1961, Kennedy was named chairman of the President's Committee on Juvenile Delinquency and Youth Crime (PCJD), with lifelong friend David Hackett as director. After visits to blighted communities, Kennedy and Hackett concluded that delinquency was the result of racial discrimination and lack of opportunities. The committee held that government must not impose solutions but empower the poor to develop their own. The PCJD provided comprehensive services (education, employment, and job training) that encouraged self-sufficiency.^[147] In September 1961, the Juvenile Delinquency and Youth Offenses Control Act was signed into law.^[148]

Civil rights

Kennedy expressed the administration's commitment to civil rights during a May 6, 1961, speech at the University of Georgia School of Law:

Our position is quite clear. We are upholding the law. The federal government would not be running the schools in Prince Edward County any more than it is running the University of Georgia or the schools in my home state of Massachusetts. In this case, in all cases, I say to you today that if the orders of the court are circumvented, the Department of Justice will act. We will not stand by or be aloof—we will move. I happen to believe that the 1954 decision was right. But my belief does not matter. It is now the law. Some of you may believe the decision was wrong. That does not matter. It is the law.^[149]

FBI Director J. Edgar Hoover viewed civil rights leader Martin Luther King Jr. as an upstart troublemaker,^[150] calling him an "enemy of the state".^[151] In February 1962, Hoover presented Kennedy with allegations that some of King's close confidants and advisers were communists. Concerned about the allegations, the FBI deployed agents to monitor King in the following months.^[152] Kennedy warned King to discontinue the suspected associations. In response, King agreed to ask suspected communist Jack O'Dell to resign from the Southern Christian Leadership Conference (SCLC), but he refused to heed to the request to ask Stanley Levison, whom he regarded as a trusted advisor, to resign. In October 1963,^[153] Kennedy issued a written directive authorizing the FBI to wiretap King and other leaders of the SCLC, King's civil rights organization. Although Kennedy only gave written approval for limited wiretapping of King's phones "on a trial basis, for a month or so",^[5] Hoover extended the clearance so that his men were "unshackled" to look for evidence in any areas of King's life they deemed worthy.^[154] The wiretapping continued through June 1966 and was revealed in 1968, days before Kennedy's death.^[155] Relations between the Kennedys and civil-rights activists could be tense, partly due to the administration's decision that a number of complaints King filed with the Justice Department between 1961 and 1963 be handled "through negotiation between the city commission and Negro citizens".^[153]

Kennedy played a large role in the response to the Freedom Riders protests. He acted after the Anniston bus bombing to protect the Riders in continuing their journey, sending John Seigenthaler, his administrative assistant, to Alabama to try to calm the situation.^[156] Kennedy called the Greyhound Company and demanded that it obtain a coach operator who was willing to drive a special bus for the continuance of the Freedom Ride from Birmingham to Montgomery, on the circuitous journey to Jackson, Mississippi.^[157]^[158] Later, during the attack and burning by a white mob of the First Baptist Church in Montgomery, which King and 1,500 sympathizers attended, the attorney general telephoned King to ask for his assurance that they would not leave the building until the U.S. Marshals and National Guard he sent had secured the area. King proceeded to berate Kennedy for "allowing the situation to continue". King later publicly thanked him for dispatching the forces to break up the attack that might otherwise have ended his life.^[159] Kennedy then negotiated the safe passage of the Freedom Riders from the First Baptist Church to Jackson, where they were arrested.^[160] He offered to bail the Freedom Riders out of jail, but they refused, which upset him.^[161] On May 29, 1961, Kennedy petitioned the Interstate Commerce Commission (ICC) to issue regulations banning segregation, and the ICC subsequently decreed that by November 1, bus carriers and terminals serving interstate travel had to be integrated.^[162]

Kennedy's attempts to end the Freedom Rides early were tied to an upcoming summit with Nikita Khrushchev in Vienna and Charles de Gaulle in Paris. He believed the continued international publicity of race riots would tarnish the president heading into international negotiations.^[163] This attempt to curtail the Freedom Rides alienated many civil rights leaders who, at the time, perceived him as intolerant and narrow-minded.^[164] Historian David Halberstam wrote that the race question was for a long time a minor ethnic political issue in Massachusetts where the Kennedy brothers came from, and had they been from another part of the country, "they might have been more immediately sensitive to the complexities and depth of black feelings".^[165] In an attempt to better understand and improve race relations, Kennedy held a private meeting on May 24, 1963, in New York City with a black delegation coordinated by prominent author James Baldwin. The meeting became antagonistic, and the group reached no consensus. The black delegation generally felt that Kennedy did not understand the full extent of racism in the United States, and only alienated the group more when he tried to compare his family's experience with discrimination as Irish Catholics to the racial injustice faced by African Americans.^[166]

In September 1962, Kennedy sent a force of U.S. Marshals, U.S. Border Patrol agents, and deputized federal prison guards to the University of Mississippi, to enforce a federal court order allowing the admittance of the institution's first African American student, James Meredith.^[167] The attorney general had hoped that legal means, along with the escort of federal officers, would be enough to force Governor Ross Barnett to allow Meredith's admission. He also was very concerned there might be a "mini-civil war" between federal troops and armed protesters.^[168] President Kennedy reluctantly sent federal troops after the situation on campus turned violent.^[169] The ensuing Ole Miss riot of 1962 resulted in 300 injuries and two deaths,^[170] but Kennedy remained adamant that black students had the right to the benefits of all levels of the educational system.

Kennedy saw voting as the key to racial justice and collaborated with Presidents Kennedy and Johnson to create the landmark Civil Rights Act of 1964, which helped bring an end to Jim Crow laws.^[171] Throughout the spring of 1964, Kennedy worked alongside Senator Hubert Humphrey and Senate Minority Leader Everett Dirksen in search of language that could work for the Republican caucus and overwhelm the Southern Democrats' filibuster. In May, a deal was secured that could obtain a two-thirds majority in the Senate—enough to end debate. Kennedy did not see the civil rights bill as simply directed at the South and warned of the danger of racial tensions above the Mason–Dixon line. "In the North", he said, "I think you have had de facto segregation, which in some areas is bad or even more extreme than in the South", adding that people in "those communities, including my own state of Massachusetts, concentrated on what was happening in Birmingham, Alabama or Jackson, Mississippi, and didn't look at what was needed to be done in our home, our own town, or our own city." The ultimate solution "is a truly major effort at the local level to deal with the racial problem—Negroes and whites working together, within the structure of the law, obedience to the law, and respect for the law."^[172]

Between December 1961 and December 1963, Kennedy also expanded the United States Department of Justice Civil Rights Division by 60 percent.^[173]

U.S. Steel

At the president's direction, Kennedy used the power of federal agencies to influence U.S. Steel not to institute a price increase, and announced a grand jury probe to investigate possible collusion and price fixing by U.S. Steel in collaboration with other major steel manufacturers.^[174] The Wall Street Journal wrote that the administration had set prices of steel "by naked power, by threats, by agents of the state security police". Yale law professor Charles Reich wrote in The New Republic that the Justice Department had violated civil liberties by calling a federal grand jury to indict U.S. Steel so quickly, then disbanding it after the price increase did not occur.^[175]

Berlin

As one of the president's closest White House advisers, Kennedy played a crucial role in the events surrounding the Berlin Crisis of 1961.^[176] Operating mainly through a private, backchannel connection to Soviet GRU officer Georgi Bolshakov, he relayed important diplomatic communications between the U.S. and Soviet governments.^[177] Most significantly, this connection helped the U.S. set up the Vienna Summit in June 1961, and later to defuse the tank standoff with the Soviets at Berlin's Checkpoint Charlie in October.^[178]^[179] Kennedy's visit with his wife to West Berlin in February 1962 demonstrated U.S. support for the city and helped repair the strained relationship between the administration and its special envoy in Berlin, Lucius D. Clay.^[180]

Cuba

As his brother's confidant, Kennedy oversaw the CIA's anti-Castro activities after the failed Bay of Pigs Invasion in Cuba, which included covert operations that targeted Cuban civilians.^[181] He also helped develop the strategy during the Cuban Missile Crisis to blockade Cuba instead of initiating a military strike that might have led to nuclear war.^[182]

Allegations that the Kennedys knew of plans by the CIA to kill Fidel Castro, or approved of such plans, have been debated by historians over the years.^[183] The "Family Jewels" documents, declassified by the CIA in 2007, suggest that before the Bay of Pigs Invasion, the attorney general personally authorized one such assassination attempt.^[184]^[185] But there is evidence to the contrary, such as that Kennedy was informed of an earlier plot involving the CIA's use of Mafia bosses Sam Giancana and John Roselli only during a briefing on May 7, 1962, and in fact directed the CIA to halt any existing efforts directed at Castro's assassination.^[186]^[187] Biographer Thomas concludes that "the Kennedys may have discussed the idea of assassination as a weapon of last resort. But they did not know the particulars of the Harvey-Rosselli operation – or want to."^[188] Concurrently, Kennedy served as the president's personal representative in Operation Mongoose, the post–Bay of Pigs covert operations program the president established in November 1961.^[189] Mongoose was meant to incite revolution in Cuba that would result in Castro's downfall.^[190]^[191]

During the Cuban Missile Crisis in October 1962, Kennedy proved himself to be a gifted politician with an ability to obtain compromises, tempering aggressive positions of key figures in the hawk camp. The trust the president placed in him on matters of negotiation was such that his role in the crisis is today seen as having been of vital importance in securing a blockade, which averted a full military engagement between the United States and the Soviet Union.^[192] On October 27, Kennedy secretly met with Soviet Ambassador Anatoly Dobrynin. They reached a basic understanding: the Soviet Union would withdraw their missiles from Cuba, subject to United Nations verification, in exchange for a U.S. pledge not to invade Cuba.^[193]^[194] Kennedy also informally proposed that the Jupiter MRBMs in Turkey would be removed^[195] "within a short time after this crisis was over".^[196] On the last night of the crisis, President Kennedy was so grateful for his brother's work in averting nuclear war that he summed it up by saying, "Thank God for Bobby."^[197] Kennedy authored his account of the crisis in a book titled Thirteen Days (posthumously published in 1969).^[198]

Japan

At a summit meeting with Japanese prime minister Hayato Ikeda in Washington D.C. in 1961, President Kennedy promised to make a reciprocal visit to Japan in 1962,^[199] but the decision to resume atmospheric nuclear testing forced him to postpone such a visit, and he sent Robert in his stead.^[199] Kennedy arrived in Tokyo in February 1962 at a very sensitive time in U.S.-Japan relations, shortly after the massive Anpo protests against the U.S.-Japan Security Treaty had highlighted anti-American grievances. Kennedy won over a highly skeptical Japanese public and press with his cheerful, open demeanor, sincerity, and youthful energy.^[199] Most famously, Kennedy scored a public relations coup during a nationally televised speech at Waseda University in Tokyo. When radical Marxist student activists from Zengakuren attempted to shout him down, he calmly invited one of them on stage and engaged the student in an impromptu debate.^[199] Kennedy's calmness under fire and willingness to take the student's questions seriously won many admirers in Japan and praise from the Japanese media, both for himself and on his brother's behalf.^[199]

Assassination of John F. Kennedy

When President Kennedy was assassinated in Dallas on November 22, 1963, Robert Kennedy was at home with aides from the Justice Department. J. Edgar Hoover called and told him his brother had been shot.^[200] Hoover then hung up before he could ask any questions. Kennedy later said he thought Hoover had enjoyed telling him the news.^[201]^[200] Shortly after the call from Hoover, Kennedy phoned McGeorge Bundy at the White House, instructing him to change the locks on the president's files. He ordered the Secret Service to dismantle the hidden taping system in the Oval Office and cabinet room. He scheduled a meeting with CIA director John McCone and asked if the CIA had any involvement in his brother's death. McCone denied it, with Kennedy later telling investigator Walter Sheridan that he asked the director "in a way that he couldn't lie to me, and they [the CIA] hadn't".^[202]

An hour after the president was shot, Robert Kennedy received a phone call from the newly ascended President Johnson before Johnson boarded Air Force One. RFK remembered their conversation starting with Johnson demonstrating sympathy before the president stated his belief that he should be sworn in immediately; RFK opposed the idea since he felt "it would be nice" for President Kennedy's body to return to Washington with the deceased president still being the incumbent.^[203] Eventually, the two concluded that the best course of action would be for Johnson to take the oath of office before returning to Washington.^[204] In his 1971 book We Band of Brothers, aide Edwin O. Guthman recounted Kennedy admitting to him an hour after receiving word of his brother's death that he thought he would be the one "they would get" as opposed to his brother.^[205] In the days following the assassination, he wrote letters to his two eldest children, Kathleen and Joseph, saying that as the oldest Kennedy family members of their generation, they had a special responsibility to remember what their uncle had started and to love and serve their country.^[206]^[207] He was originally opposed to Jacqueline Kennedy's decision to have a closed casket, as he wanted the funeral to keep with tradition, but he changed his mind after seeing the cosmetic, waxen remains.^[208]

The ten-month investigation by the Warren Commission concluded that the president had been assassinated by Lee Harvey Oswald and that Oswald had acted alone.^[209] On September 27, 1964, Kennedy issued a statement through his New York campaign office: "As I said in Poland last summer, I am convinced Oswald was solely responsible for what happened and that he did not have any outside help or assistance. He was a malcontent who could not get along here or in the Soviet Union."^[210]^[211] He added, "I have not read the report, nor do I intend to. But I have been briefed on it and I am completely satisfied that the Commission investigated every lead and examined every piece of evidence. The Commission's inquiry was thorough and conscientious."^[210] After a meeting with Kennedy in 1966, historian Arthur M. Schlesinger Jr. wrote: "It is evident that he believes that [the Warren Commission's report] was a poor job and will not endorse it, but that he is unwilling to criticize it and thereby reopen the whole tragic business."^[212] According to Soviet archives, William Walton was sent to the Soviet Union by Robert Kennedy in the days after the assassination of his brother. He was to go there for the purposes of cultural diplomacy but was also told to meet with Russian diplomat Georgi Bolshakov and deliver a message. Walton told Bolshakov that Robert and Jackie Kennedy believed there was a conspiracy involved in the killing of President Kennedy and informed him that Robert Kennedy shared the views of his brother in his approach to peace with the Soviet Union.^[213]

The assassination was judged as having a profound impact on Kennedy. Michael Beran assesses the assassination as having moved Kennedy away from reliance on the political system and to become more questioning.^[214] Larry Tye views Kennedy following the death of his brother as "more fatalistic, having seen how fast he could lose what he cherished the most."^[215]