Murray Irwin Gurfein (November 17, 1907 – December 16, 1979) was a United States circuit judge of the

United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...

and prior to that a United States District Judge of the

United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New ...

Education and career

Born on November 17, 1907, in New York City, Gurfein received an

Artium Baccalaureus Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

degree from Columbia College in 1926. He received a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...

from

Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...

in 1930. He served as a law clerk for Judge

Julian Mack Julian William Mack (July 19, 1866 – September 5, 1943) was a United States circuit judge of the United States Commerce Court, the United States Court of Appeals for the Seventh Circuit, the United States Circuit Courts for the Seventh Circu ...

of the

United States Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of ...

, from 1930 to 1931. He was an

Assistant United States Attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. Attorney of each U.S. federal judicial district. They represent the federal go ...

for the Southern District of New York, from 1931 to 1933. He was in private practice of law in New York City from 1933 to 1935. He was a deputy assistant district attorney of

New York County Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...

, from 1935 to 1938. He was an assistant district attorney of New York County, from 1938 to 1942. He was in the

United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, ...

as a

Lieutenant Colonel Lieutenant colonel ( , ) is a rank of commissioned officers in the armies, most marine forces and some air forces of the world, above a major and below a colonel. Several police forces in the United States use the rank of lieutenant colon ...

, in the

Office of Strategic Services The Office of Strategic Services (OSS) was the intelligence agency of the United States during World War II. The OSS was formed as an agency of the Joint Chiefs of Staff (JCS) to coordinate espionage activities behind enemy lines for all branc ...

, from 1942 to 1946. He was an assistant to Justice

Robert H. Jackson Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an Associate Justice of the U.S. Supreme Court from 1941 until his death in 1954. He had previously served as Unit ...

, the United States Chief Counsel at the

Nuremberg trials The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945 ...

in 1945. He was in private practice of law in New York City from 1946 to 1971. Gurfein was elected President of HIAS (Hebrew Immigrant Aid Society) from 1956 to 1957 and from 1960 to 1967.

Federal judicial service

Gurfein was nominated by President

Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...

on April 14, 1971, to a seat on the

vacated by Judge

Thomas Francis Murphy Thomas Francis Murphy (December 3, 1905 – October 26, 1995) was a United States district judge of the United States District Court for the Southern District of New York. Early life and education Born on December 3, 1905, in Manhattan, New Yo ...

. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and po ...

on May 20, 1971, and received his commission the same day. His service was terminated on September 11, 1974, due to elevation to the Second Circuit. Gurfein was nominated by President Nixon on July 11, 1974, to a seat on the

vacated by Judge Paul R. Hays. He was confirmed by the United States Senate on August 22, 1974, and received his commission on August 27, 1974, from President

Gerald Ford Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...

. His service was terminated on December 16, 1979, due to death.

Pentagon Papers case

During his first week as a United States District Judge, Gurfein was assigned the

Pentagon Papers The ''Pentagon Papers'', officially titled ''Report of the Office of the Secretary of Defense Vietnam Task Force'', is a United States Department of Defense history of the United States' political and military involvement in Vietnam from 1945 ...

case and gained national prominence when he refused the government's motion to enjoin publication of the documents. Gurfein's ruling was initially reversed by the Court of Appeals, but ultimately reinstated by the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

. Gurfein wrote: "The security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, an ubiquitous press must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know."

Personal life

In 1931, he married Eva Hadas. The couple had two daughters: Abigail and Susan Hadas. Gurfein died in New York City on December 16, 1979.

References

External links

*
HIAS Records
at the

American Jewish Historical Society The American Jewish Historical Society (AJHS) was founded in 1892 with the mission to foster awareness and appreciation of American Jewish history and to serve as a national scholarly resource for research through the collection, preservation an ...

at the

Center for Jewish History The Center for Jewish History is a partnership of five Jewish history, scholarship, and art organizations in New York City: American Jewish Historical Society, American Sephardi Federation, Leo Baeck Institute New York, Yeshiva University Museu ...