Josiah Ellis DuBois Jr. was an American attorney at the U.S. Treasury Department who played a major role in exposing State Department obstruction efforts to provide American visas to Jews trying to escape Nazi Europe. In 1944, he wrote the Report to the Secretary on the Acquiescence of This Government in the Murder of the Jews, which led to the creation of the War Refugee Board. After the war, he was a prosecutor at the Nuremberg Trials prosecuting Nazi war crimes, particularly in the prosecution of holocaust chemical manufacturer I.G. Farben.
Dubois served as special assistant to the Secretary of the Treasury, 1944–45; general counsel of the War Refugee Board, 1944; member of the Allied Reparations Commission, Moscow, 1945; member of the U.S. delegation to the Potsdam Conference, 1945; and deputy chief counsel for War Crimes in charge of the I.G. Farben case, Nuremberg, Germany, 1947-48
Report on US acquiescence in Holocaust
DuBois wrote the famous Report to the Secretary on the Acquiescence of This Government in the Murder of the Jews, which Treasury Secretary Henry Morgenthau Jr. used to convince President Franklin Roosevelt to establish the War Refugee Board in 1944. Randolph Paul was also a principal sponsor of this report, the first contemporaneous Government paper attacking America's policies during The Holocaust. This document was an indictment of the U.S. State Department’s diplomatic, military, and immigration policies. Among other things, the Report narrated the State Department’s inaction and in some instances active opposition to the release of funds for the rescue of Jews in Romania and German-occupied France during World War II, and condemned immigration policies that closed American doors to Jewish refugees from countries then engaged in their systematic slaughter. The catalyst for the Report was an incident involving 70,000 Jews whose evacuation from Romania could have been procured with a $170,000 bribe. The Foreign Funds Control unit of the Treasury, which was within Paul’s jurisdiction, authorized the payment of the funds, the release of which both the President and Secretary of StateCordell Hull supported. From mid-July 1943, when the proposal was made and Treasury approved, through December 1943, a combination of the State Department’s bureaucracy and the British Ministry of Economic Warfare interposed various obstacles. The Report was the product of frustration over that event. On January 16, 1944, Morgenthau and Paul personally delivered the paper to President Roosevelt, warning him that Congress would act if he did not. The result was Executive Order 9417 creating the War Refugee Board composed of the Secretaries of State, Treasury and War. Issued on January 22, 1944, the Executive Order declared that "it is the policy of this Government to take all measures within its power to rescue the victims of enemy oppression who are in imminent danger of death and otherwise to afford such victims all possible relief and assistance consistent with the successful prosecution of the war."
DuBois was put in charge of the IG Farben trial at the Nuremberg Military Trials. Later, he wrote the seminal account of that trial, The Devil's Chemists.
Alleged communist leanings
On July 9, 1947, US Representative George Anthony Dondero included Dubois when publicly questioning the "fitness" of United States Secretary of War Robert P. Patterson for failing to ferret out Communist infiltrators in his department. The cause for concern arose from what Dondero called Patteron's lack of ability to "fathom the wiles of the international Communist conspiracy" and to counteract them with "competent personnel." Dondero cited ten government personnel in the War Department who had Communist backgrounds or leanings:
