David Rein
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David Rein (1914–1979) was a 20th-Century American attorney who, with partner
Joseph Forer Joseph Forer (11 August 1910 – 20 June 1986) was a 20th-century American attorney who, with partner David Rein, supported Progressive causes, including discriminated communists and African-Americans. Forer was one of the founders of the Nation ...
, supported
Progressive Progressive may refer to: Politics * Progressivism, a political philosophy in support of social reform ** Progressivism in the United States, the political philosophy in the American context * Progressive realism, an American foreign policy par ...
causes including the legal defense of African-Americans and accused Communists. Rein and Foyer were members of the
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
and its D.C. chapter. Rein represented "more than 100 people", alleged to have been Communists, before the
House Un-American Activities Committee The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
(HUAC) and the subcommittee of the Senate Committee on Administration (chaired by U.S. Senator
Joseph R. McCarthy Joseph Raymond McCarthy (November 14, 1908 – May 2, 1957) was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957. Beginning in 1950, McCarthy became the most visi ...
).


Background

David Rein was born on April 12, 1914, in New York City. He attended public elementary and high schools there. He studied at Columbia College and
Columbia Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
. He had two siblings.


Career

In July 1935, directly out of law school, Rein joined the New York City Charter Commission and then the Puerto Rico Reconstruction Administration through 1937, based out of Washington, D.C., and San Juan, Puerto Rico. He then worked briefly again in New York.


National Labor Relations Board

In March 1938, like his friend Forer, Rein began work for the
National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
(NLRB) through late 1941 or early 1942. After spending a few months in the Office of Price Administration, he joined the
United States Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through combi ...
at yearend 1942 and served through October 1945, when he returned to the NLRB.


Forer & Rein

In mid-year 1946, David Rein joined Joseph Forer as private practice law partners in Washington, D.C. Together, they "represented more than 100 persons who had been termed 'unfriendly' witnesses by the
House Committee on Un-American Activities The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
, the
Senate Internal Security Subcommittee The United States Senate's Special Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws, 1951–77, known more commonly as the Senate Internal Security Subcommittee (SISS) and sometimes the M ...
of the Senate subcommittee headed by the late senator
Joseph McCarthy Joseph Raymond McCarthy (November 14, 1908 – May 2, 1957) was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957. Beginning in 1950, McCarthy became the most visi ...
." As historian Joan Quigley describes:
In the late 1940s, while Congress and the executive branch trawled for evidence of disloyalty and subversion, Rein and Forer immersed themselves in difficult and disfavored causes: opposing the Mundt-Nixon Bill; defending labor unions and alleged Communists; upholding the Bill of Rights. Rein ... represented
Gerhard Eisler Gerhart Eisler (20 February 1897 – 21 March 1968) was a German politician, Editing, editor and publicist. Along with his sister Ruth Fischer, he was a very early member of the Communist Party of Austria, Austrian German Communist Party (KPDÖ) a ...
... As progressives and New Deal veterans, Forer and Rein also nurtured ties to the
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
, which
HUAC The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
had branded a Communist front in 1944.
Attorney
Victor Rabinowitz Victor Rabinowitz (July 2, 1911 – November 16, 2007) was a 20th-century American lawyer known for representing high-profile dissidents and causes. Background Rabinowitz was born in Brooklyn, New York, to Rose (née Netter) and Louis M. R ...
recalled in his memoir that Rein's circle of communist-supportive lawyers stretched to New York City (headquarters of the National Lawyers Guild). They included
Harry Sacher Harry Sacher (3 September 1881 – 10 May 1971) was a British businessman, journalist, and Zionism, Zionist leader. He was appointed director of Marks & Spencer in 1932. Early life and education Sacher was born in Shoreditch, Middlesex, the ...
, Abe Unger, David Freeman, Forer, and Rabinowitz himself, "all lawyers active in the representation of witnesses before congressional committees." He explained:
Unger and Freeman were attorneys for the (Communist) Party; Sacher had been lead defense in the prosecution of Communist party leaders under the Smith Act; I was a member of the Party and the others were close to it if not members. We certainly weren't making Party policy, but our views would have some influence on the Party and its members.


Lost Laws and ''DC v. John R. Thompson Co.''


Mary Church Terrell

In May 1949, Dr.
Mary Church Terrell Mary Church Terrell (born Mary Eliza Church; September 23, 1863 – July 24, 1954) was one of the first African-American women to earn a college degree, and became known as a national activist for civil rights and suffrage. She taught in the Lati ...
decided to take on the issue of desegregation head-on. She consulted Forer. Forer led the
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
's DC chapter in submitting an opinion in their favor. With such advice, Dr. Terrell and colleagues Clark F. King,
Essie Thompson Essie is a given name and nickname/hypocorism usually used as a feminine name. As a standalone name, ''Essie'' can be found in several languages, including Romance, Germanic, and Persian ones. In each case, the name means "star." As a nickname, ...
, and Arthur F. Elmer entered the segregated Thompson's Restaurant, next door to the offices of Forer and Rein's office at 711 14th Street NW, in Washington, D.C., between H an G Streets cut by New York Avenue and across the street from the Trans-Lux Theatre. When refused service, Terrell & Co. sued. Attorney Ringgold Hart, representing Thompson, argued on April 1, 1950, that District laws were unconstitutional. Regardless, Forer's research found that the
U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
had jurisdiction over DC and so could overrule segregation; Charles H. Houston, dean of
Howard University Howard University (Howard) is a private, federally chartered historically black research university in Washington, D.C. It is classified among "R2: Doctoral Universities – High research activity" and accredited by the Middle States Commissi ...
Law School concurred.


District of Columbia v. John R. Thompson Co.

The case ''
District of Columbia v. John R. Thompson Co. ''District of Columbia v. John R. Thompson Co. Inc.'', 346 U.S. 100 (1953), is a United States Supreme Court case which began on April 30, 1953 over the validity of the local Washington Acts of 1872 and 1873. The Acts prohibited Racial segregati ...
'' reached the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. Forer and Rein argued the case. On June 8, 1953, the court ruled that segregated eating places in Washington, D.C., were unconstitutional. ''The Washington Post'' recounted in 1985, "Four days after the Supreme Court ruled, Mary Terrell and the three other original complainants went back to Thompson's. Joe Forer followed them in. As he recalls the moment, the manager, himself, came over and personally, even obsequiously, carried Mary Terrell's tray to the table."


Major cases

As a civil liberties lawyer, Rein argued cases before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, including some major cases involving First Amendment rights, include: * 1951:
Joint Anti-Fascist Refugee Committee v. McGrath ''Joint Anti-Fascist Refugee Committee v. McGrath'', 341 U.S. 123 (1951), was a United States Supreme Court case that held that groups could sue to challenge their inclusion on the Attorney General's List of Subversive Organizations. The decision ...
* 1952: Harisiades v. Shaughnessy * 1967:
W.E.B. DuBois William Edward Burghardt Du Bois ( ; February 23, 1868 – August 27, 1963) was an American-Ghanaian sociologist, socialist, historian, and Pan-Africanist civil rights activist. Born in Great Barrington, Massachusetts, Du Bois grew up in ...
Clubs of America v. Clark * 1976: Secretary of the Navy v. Avrech


Other cases

Forer & Rein represented communists including
Gerhart Eisler Gerhart Eisler (20 February 1897 – 21 March 1968) was a German politician, editor and publicist. Along with his sister Ruth Fischer, he was a very early member of the Austrian German Communist Party (KPDÖ) and then a prominent member of the ...
and
William Gropper William Gropper (December 3, 1897January 3, 1977) was a U.S. cartoonist, painter, lithographer, and muralist. A committed radical, Gropper is best known for the political work which he contributed to such left wing publications as '' The Rev ...
. They argued for the rights of striking workers, foreign-born aliens (with leftist leanings, e.g., Eisler), and servicemen. They won for the
National Council for American-Soviet Friendship National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, ce ...
the right to contest in court its designation by the attorney general as a "subversive organization." They also represented members of the press on strike against ''The Washington Post'' in 1975. In 1955, Rein and his wife testified before HUAC but refused to answer questions as to communist affiliation.


FBI target

In 1977, a release of internal memos of the
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
revealed, according to ''The Washington Post'', that:
An Oct. 4, 1951 memo to Hoover said that a search of trash at the Washington offices of
guild A guild ( ) is an association of artisans and merchants who oversee the practice of their craft/trade in a particular area. The earliest types of guild formed as organizations of tradesmen belonging to a professional association. They sometimes ...
lawyers Joseph Forer and David Rein had uncovered a draft resolution urging President Truman to authorize a citizens' investigation of the FBI because of its alleged excesses in loyalty checks.


Retirement

When Forer retired from practice with Rein in July 1978, Rein reformed the practice as Rein, Garfinkel & Dranitske. Presently, the firm is Liotta, Dranitzke & Engel.


Personal and death

Rein was married to Selma Rein; they had one child. Forer, Rein, and many friends and associates lived at Trenton Terrace, 950 Mississippi Avenue SE, Washington DC 20032. As a child,
Carl Bernstein Carl Milton Bernstein ( ; born February 14, 1944) is an American investigative journalist and author. While a young reporter for ''The Washington Post'' in 1972, Bernstein was teamed up with Bob Woodward, and the two did much of the original new ...
knew Joseph Forer and David Rein. Rein died age 65 on August 15, 1979, while playing tennis near his home in Washington, DC.


See also

*
Joseph Forer Joseph Forer (11 August 1910 – 20 June 1986) was a 20th-century American attorney who, with partner David Rein, supported Progressive causes, including discriminated communists and African-Americans. Forer was one of the founders of the Nation ...
*
Mary Church Terrell Mary Church Terrell (born Mary Eliza Church; September 23, 1863 – July 24, 1954) was one of the first African-American women to earn a college degree, and became known as a national activist for civil rights and suffrage. She taught in the Lati ...
* Charles H. Houston * Mundt-Nixon Bill *
Gerhard Eisler Gerhart Eisler (20 February 1897 – 21 March 1968) was a German politician, Editing, editor and publicist. Along with his sister Ruth Fischer, he was a very early member of the Communist Party of Austria, Austrian German Communist Party (KPDÖ) a ...
*
HUAC The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
*
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...


References


External sources

*
VitoAntonio.com
Image of Joseph Forer with John Abt and Vito Marcantonio {{DEFAULTSORT:Rein, David 1914 births 1979 deaths Espionage in the United States Members of the Communist Party USA Columbia College (New York) alumni Lawyers who have represented the United States government American civil servants American activists American communists Columbia Law School alumni