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Benjamin V. Cohen

Benjamin V. Cohen

6th Counselor of the United States Department of State

Personal details

Benjamin Victor Cohen (September 23, 1894 – August 15, 1983) was an American lawyer whose career in public service was less a journey and more a relentless, decades-long entanglement with the machinations of government. His influence spanned from the nascent stages of the New Deal under Franklin D. Roosevelt to the tumultuous shadows cast by the Vietnam War, a testament to a mind that either couldn't or wouldn't disentangle itself from the nation's most pressing concerns. He served as a pivotal, if often understated, member of the administrations of both Franklin D. Roosevelt and Harry S. Truman, his contributions frequently shaping policy and legislation from behind the scenes, far from the spotlight that often illuminates lesser talents. His public service career was less a choice and more a cosmic inevitability, stretching from 1933 until well into the 1960s, a period marked by unprecedented domestic upheaval and global conflict.

Education

Cohen's academic trajectory was nothing short of prodigious, a whirlwind of legal scholarship that would leave most mortals gasping for air. He commenced his higher education at the esteemed University of Chicago, where he swiftly secured a Bachelor of Philosophy degree in 1914. Not content to merely dabble, he then proceeded to earn his J.D. from the same institution a mere year later, in 1915. This was not the culmination, but merely a pause before he ascended to the hallowed halls of Harvard Law School. There, he further distinguished himself, completing a Doctor of Juridical Science in 1916. To achieve such a trifecta of advanced degrees in such a compressed timeframe speaks volumes about Cohen's intellectual capacity and relentless drive, traits that would define his subsequent career in the labyrinthine world of Washington politics and international diplomacy. It was as if he was collecting legal credentials like a connoisseur collects rare stamps, each one a testament to an intellect honed to an almost unnerving sharpness.

Early career, Brain Trust, New Deal

Following his formidable academic career, Cohen began his practical legal journey as a distinguished law clerk for Judge Julian Mack, a federal judge known for his progressive views and significant contributions to juvenile justice reform. This early exposure to the intricacies of the federal judiciary no doubt provided Cohen with an invaluable foundation in legal reasoning and judicial process, shaping his understanding of how law was not merely written but applied.

From 1919 to 1921, Cohen embarked on a different, yet equally impactful, path, serving as counsel for the American Zionist Movement. This period saw him acting as Zionist counsel to the pivotal 1919 Paris Peace Conference. In this capacity, he navigated the complex geopolitical landscape of post-World War I Europe, advocating for the nascent aspirations of a Jewish homeland. It was a role that demanded not only legal acumen but also diplomatic finesse, operating at the intersection of international law and burgeoning national identity.

After his involvement with the Zionist movement, Cohen transitioned to private practice, honing his skills as a lawyer in New York from 1921 to 1933. During this crucial decade, he demonstrated a profound commitment to social justice. He collaborated extensively with the National Consumers League, an organization dedicated to promoting fair labor practices and consumer protection. His work with the League was particularly significant, as he meticulously drafted and championed legislation aimed at establishing minimum wage standards, regulating child labor, and setting reasonable worker hours. What truly set his efforts apart was his foresight and legal precision, crafting these laws with an eye toward their eventual scrutiny and survival against challenges in the then-conservative Supreme Court. It was a testament to his ability to anticipate judicial resistance and build legal frameworks designed to endure.

Cohen's emergence onto the national stage solidified when he became a vital component of President Franklin D. Roosevelt's legendary Brain Trust. This informal group of policy advisors, largely drawn from academia, was assembled to devise innovative solutions to the unprecedented economic and social crises plaguing the United States during the Great Depression. Cohen formally joined the Roosevelt administration in 1933, summoned by none other than Felix Frankfurter, then a formidable Harvard Law School professor and future Supreme Court Justice. Frankfurter, recognizing Cohen's unparalleled drafting skills, brought him together with Thomas Corcoran and James M. Landis to tackle one of the era's most pressing issues: financial market regulation. Their collaborative efforts culminated in the crafting of what would become the seminal Truth In Securities Act. This landmark legislation fundamentally reshaped the landscape of American finance, mandating transparency and accountability in the issuance of securities, a direct response to the speculative excesses that contributed to the 1929 stock market crash. Later that same year, Cohen's expertise was redirected to the critical area of railroad legislation, underscoring his versatility and the administration's reliance on his analytical prowess.

Much of Cohen's foundational work during the transformative era of the New Deal was inextricably linked with his close colleague, Thomas Corcoran. Their professional partnership became so renowned, so effective, that they were famously dubbed the "Gold Dust Twins," a moniker that suggested both their indispensability and the seemingly magical efficacy of their legislative drafting. Their prominence was such that they graced the cover of Time magazine's September 12, 1938, edition, a rare public acknowledgment for behind-the-scenes architects of policy. By 1940, their distinctive and highly productive friendship had permeated the cultural consciousness to such an extent that it was immortalized as a simile in P.G. Wodehouse's novel, Quick Service, with a character remarking, "We're like Cohen and Corcoran. One of those beautiful friendships." This seemingly trivial literary reference speaks volumes about the outsized impact these two, often unsung, legal minds had on the political and cultural landscape of their time, shaping the very fabric of American governance.

World War II and postwar

As the shadow of global conflict lengthened, Cohen's indispensable drafting skills were once again called upon, this time on the international stage. In 1941, even before the United States formally entered World War II, Cohen played a critical role in shaping the Lend-Lease plan. This audacious legislative initiative allowed the U.S. to supply Allied nations with war materials without immediate payment, effectively circumventing the constraints of neutrality and providing crucial aid to countries like Britain and the Soviet Union. It was a complex legal and diplomatic maneuver, designed to support allies while the U.S. prepared for its own inevitable entry into the war, and Cohen's precision in its drafting was paramount to its success.

His contributions to shaping the post-war global order were equally profound. Cohen was instrumental in the drafting of the 1944 Dumbarton Oaks agreements, a series of international meetings that laid the groundwork for the establishment of the United Nations. This was a monumental task, aiming to create an international body designed to prevent future global conflicts, and Cohen's legal and conceptual clarity were vital in translating lofty ideals into actionable international law. The following year, in 1945, Cohen's role as the United States' chief draftsman at the Potsdam Conference underscored his continued importance. At Potsdam, the leaders of the Allied powers—Truman, Churchill (and later Attlee), and Stalin—met to decide the fate of post-war Germany and Europe, and Cohen was responsible for meticulously translating their often-contentious agreements into precise legal text.

Beyond the grand stage of international diplomacy, Cohen also left an indelible mark on domestic legal principles. In 1942, alongside co-author Erwin Griswold, then a professor at Harvard Law School, Cohen published a powerful letter in The New York Times. This letter vehemently decried the United States Supreme Court's controversial Betts v. Brady ruling, which held that poor criminal defendants, in non-capital cases, had no constitutional right to an appointed attorney. Cohen and Griswold argued passionately against this interpretation, asserting that the right to counsel was fundamental to a fair trial, regardless of a defendant's financial status.

It would take two decades for this critical issue to resurface decisively before the Supreme Court in the landmark Gideon v. Wainwright case. In a testament to Cohen's enduring foresight and the persuasive power of his earlier arguments, the attorneys representing Clarence Earl Gideon—the indigent defendant accused of a crime—concluded their pivotal brief to the Supreme Court with an extensive and direct quotation from the very letter Cohen and Griswold had published in 1942. This time, the Supreme Court, acknowledging the fundamental injustice enshrined by Betts v. Brady, reversed course. The Court unanimously ruled that the government must indeed appoint attorneys for criminal defendants who cannot afford legal representation, thereby establishing the crucial right to counsel for all indigent defendants in felony cases. It was a long-delayed, but ultimately profound, vindication of Cohen's early stance on a cornerstone of American justice, a slow grind of legal and moral evolution.

Reiterating his significance in the creation of the post-war international framework, in 1944, Cohen was a principal drafter of the United Nations Charter during the Dumbarton Oaks Conference. In this capacity, he worked in close collaboration with Charles W. Yost, another influential diplomat. Their joint efforts ensured that the foundational document of the UN was robust and comprehensive. The following year, their partnership continued at the Berlin Conference, where they again collaborated on the critical Potsdam Agreement, further cementing the legal and political architecture of the post-war world.

In 1948, as the newly declared State of Israel navigated its precarious early existence, Cohen's unique background and legal expertise made him a crucial advisor. He provided counsel to both the United States government and the nascent Israeli state regarding the highly sensitive and historically significant first official exchange between the two countries. This delicate diplomatic dance required a nuanced understanding of international law, political realities, and the profound historical context.

Cohen's influence was not limited to foreign policy and international law; he also played a quiet yet critical role in shaping domestic civil rights. In the mid-1950s, he provided invaluable advice and counsel to senators who were working tirelessly for the passage of the Civil Rights Act of 1957. This legislation, though limited in scope compared to later acts, was a crucial first step in federal civil rights enforcement since Reconstruction, focusing on protecting voting rights. Cohen's strategic guidance behind the scenes was instrumental in navigating the fierce political opposition and ensuring its eventual enactment.

Even in the twilight of his career, Cohen remained engaged with the pressing issues of his time. In 1967, he testified before the United States Senate in favor of a proposed resolution that would have urged President Johnson to request the United Nations to consider proposals for ending the escalating Vietnam War. This demonstrated his consistent belief in diplomatic solutions and international cooperation, even when faced with deeply entrenched national policies.

Despite his undeniable brilliance, his relentless dedication, and his profound impact on virtually every major policy initiative of his era, historian Jordan A. Schwarz offered a stark, sobering observation: "Although no government lawyer was as respected as Cohen, he never had a prominent position in government because of his palpable Jewishness." This single sentence cuts through the veneer of meritocracy, revealing a quiet, systemic prejudice that undoubtedly limited his formal ascent within the governmental hierarchy. It suggests that even the most exceptional talent could be relegated to the shadows, a constant architect but never the celebrated master, due to an immutable aspect of his identity. It's a truth that sticks, like glitter on carpet, a persistent reminder of the often-unseen costs of progress.

Personal life

Born in the unassuming city of Muncie, Indiana, on September 23, 1894, Benjamin Cohen cultivated a personal life marked by profound humility and an almost monastic privacy. He was widely regarded as a man who eschewed fanfare and personal aggrandizement, preferring the quiet satisfaction of intellectual pursuit and public service over the clamor of public life. This dedication to his work and his inherently private nature led him to never marry, a choice that perhaps underscored his singular focus on the monumental tasks he undertook throughout his career.

He was not, however, without familial connections. Benjamin Cohen was the uncle of Selma Jeanne Cohen, who would herself achieve considerable distinction as a preeminent dance historian. This familial link suggests an intellectual lineage, a shared thread of scholarly rigor and cultural engagement, even if their respective fields of expertise were vastly different.

Characterizations

The descriptions of Benjamin V. Cohen paint a portrait of a man whose outward demeanor belied his formidable intellect and influence. He was known for a distinct lack of sartorial concern, often observed with a "slouching posture" and "sloppy dress," a casual disregard for appearances that might have been jarring in the polished halls of Washington power. His table manners were reportedly "absentminded," suggesting a mind perpetually engaged with deeper thoughts than the immediate act of dining. Yet, these seemingly disheveled traits were universally overshadowed by his unparalleled "skill at drafting legislation that was generally reckoned the best in the United States." It was a stark, almost humorous, contrast between external presentation and internal precision, proving that true genius rarely adheres to superficial expectations.

Indeed, a friend, perhaps with a touch of affectionate exasperation, noted that Cohen "looked and talked... 'like a Dickens portrait of an absent-minded professor.'" This characterization evokes an image of a man so deeply immersed in complex legal frameworks and policy intricacies that the mundane details of his immediate surroundings, including his own appearance, simply faded into irrelevance. It's a telling detail, suggesting a mind operating on a different plane, perpetually grappling with the universe's more pressing, and far less aesthetically pleasing, problems.

Works

Despite his primary role as a legislative architect behind the scenes, Benjamin V. Cohen also contributed to the public record through his scholarly works, reflecting his deep engagement with the enduring questions of international relations and constitutional development.

  • Report on the Work of the United Nations Disarmament Commission Archived 2012-02-22 at the Wayback Machine (1953): This publication, emerging in the early years of the Cold War, underscores Cohen's continued commitment to international peace and security. His involvement with the United Nations from its inception made him uniquely qualified to assess the complex, often frustrating, efforts to control armaments in a world fraught with ideological tension. It's a document that likely reflects both his idealism and his pragmatic understanding of the formidable obstacles to global disarmament.
  • The United Nations: Constitutional Developments, Growth, and Possibilities (Harvard University Press : 1961): Published over a decade and a half after the UN's founding, this work showcases Cohen's profound understanding of the evolving legal and political framework of the international body he helped create. It's an analytical exploration of how the UN, initially a grand experiment, was adapting to a rapidly changing world, examining both its structural growth and its potential for future influence amidst the Cold War's hardening divisions. Such a treatise reflects a mind that was not only capable of building institutions but also of critically evaluating their long-term efficacy and adaptability.