It's Too Late to Retire, Robert Morgenthau, NYC's Longest-Serving DA, Says as He Approaches 100
"It is no exaggeration to say that there is no one in the history of this nation who has done more over a lifetime to serve the public than he," said Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit.
May 28, 2019 at 11:00 AM
6 minute read
The original version of this story was published on New York Law Journal
On June 17, the Manhattan District Attorneys' Association will fete him. Associate U.S. Supreme Court Justice Sonia Sotomayor is planning to be there. Sotomayor worked for Morgenthau when he was DA, as did Gov. Andrew Cuomo, John F. Kennedy Jr., Robert F. Kennedy Jr. and Cyrus Vance Jr. All told, he supervised 3.5 million prosecutions, including John Lennon's killer, Mark David Chapman, subway vigilante Bernie Goetz and preppie killer Robert Chambers.
Eight days later, he will be the guest of honor at the Police Athletic League Superstar Dinner, which is in recognition of his 56 years as its leader. U.S. Attorney for the Southern District Geoffrey Berman is having a party for him on July 30. There's a family party (he has seven children, six grandchildren and three great-grandchildren) on his birthday, July 31, and another on Martha's Vineyard, where his extended family gathers every August. Wachtell, where he is of counsel, has an event in the works, too.
As he approaches his 100th birthday, Morgenthau still works almost every day from Wachtell's offices on West 52nd St. or from his Upper East Side home. His mission now is to inspire young attorneys to understand the plight of immigrants and the less fortunate.
"I remind them what immigrants did for New York and the nation and how important it is to welcome immigrants as part of our tradition and not turn them away," he says. He sees no contradiction between his defense of immigrants, support of a death row inmate, his pleas for clemency and his career as a prosecutor. He says that even as a prosecutor he championed the little guy, shifting resources from investigations of small-time thieves to white-collar criminals. He is proud that his vigorous prosecutions helped push the murder rate down 90% during his 35 years in office, making New York City safer for everyone. He says he developed his appreciation for common people when he enlisted in the Navy while still an undergraduate at Amherst College. "When you're on a destroyer, you're really in close quarters and you try to find the best in people and not the worst," he says. As the executive officer and navigator aboard the USS Lansdale when it was torpedoed and sunk by German aircraft in April 1944, he still finds the attack difficult to discuss without choking back tears. Some 200 men were blown into the Mediterranean off the coast of North Africa. Reports differ but 40 some odd men died despite frantic attempts to rescue them. Another ship in the convoy that day, the USS Paul Hamilton, was carrying ammunition and all 580 men died when it was struck and exploded. Born in New York City in 1919, Robert M. Morgenthau is the son of Elinor and Henry Morgenthau Jr., who as Franklin D. Roosevelt's Secretary of the Treasury helped craft the New Deal. The younger Morgenthau, who grew up near the Roosevelts' home in Hyde Park, got to know the president and his wife Eleanor well. "People would ask why didn't Roosevelt bomb Auschwitz," Morgenthau, a supporter of Jewish causes, says during the interview. "The answer was the Air Force was busy bombing priority targets and that didn't include Auschwitz." After the war, Morgenthau attended Yale Law School. He worked in private practice in New York City until he was appointed U.S. attorney for the Southern District of New York. In 1963, he brought his top assistant U.S. attorney, Silvio Mollo, down to D.C. for a meeting on organized crime with Attorney General Robert Kennedy. Mollo hadn't had a chance to meet Kennedy before that day. Morgenthau and Mollo joined Kennedy and his wife Ethel at their home for lunch. They had New England clam chowder and tuna fish sandwiches and sat by the pool, Morgenthau said. The phone rang. It was FBI Director J. Edgar Hoover with the heartbreaking news that JFK had been shot in Dallas. Morgenthau and Mollo were ushered to a study while Bobby closed himself in his home office. Less than a half hour later, Bobby remerged to say John F. Kennedy was dead. Read More: Paul Weiss Partner, Who Retired 35 Years Ago, Still Works in Office at Age 106 Law Firms Ease Mandatory Retirement Policies, but Tensions Remain Herb Rubin, Who Argued 'World-wide Volkswagen,' Isn't Ready to Retire at Age 100This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
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