Letter 1
November 24, 1979
Note from Hillary Clinton to Robert Treuhaft
Handwritten, bearing Arkansas state seal and printing, “Governor’s Mansion Little Rock, Arkansas”

Dear Bob,

Yes, it’s all true. I’m alive, reasonably well and living in the Governor’s Mansion. I think it entirely appropriate you take some credit since at a long-forgotten Berkeley dinner you told my then-friend Bill that all great accomplishments were achieved by the age of twenty-five (or words to that same piercing effect). Since he had just hit that quarter century mark, he resigned himself to less-than-great and a few years later, settled for the joys of public life.

I hope I’ll be able to fill you all in on the details. I’ll be in San Francisco December 6 through 8 for a meeting of the Board of Directors of the Legal Services Corporation. I don’t know entirely how full my schedule will be, but I expect to have some time the evenings of the 7th and 8th. I’ll call you when I arrive the 6th to discuss whether we’ll have a chance to visit.

Give my regards to Decca, Doris, and everyone else from the early years of this waning decade.

Best, Hillary

Letter 2
February 17, 1980
Mailgram from Treuhaft and Jessica Mitford to an official in the Sacramento office of Governor Edmund Brown Jr. of California, J. Anthony Kline, copied to Hillary Rodham, Governor’s Mansion, Little Rock, Ark.

Very disturbed by Governor’s failure to grant extradition [hearing] to James Dean Walker. Tom Murton, former head of the Arkansas prison system, is prepared to testify that Walker would be in mortal danger if returned to Arkansas penitentiary, condemned by federal court for cruel and unusual punishment. Other Arkansas citizens who would testify that same abuses continue unabated, and that Walker’s life would be in jeopardy if returned, include; Robert Sarver, former correctional commissioner; associate supreme court justice Oscar Fendler; Philip Kaplan, federal court appointee to oversee Arkansas prisoners. Strongly urge you reach governor Brown with our plea to delay Walker’s extradition and to convene full hearing. Should much appreciate speedy reply.

Robert Treuhaft/Jessica Mitford

Letter 3
April 30, 1980
Letter from Mrs. Clinton to Treuhaft and Mitford
Three pages typed, on Rose Nash Williamson Carroll Clay and Giroir letterhead

Mr. Robert Treuhaft
Ms. Jessica Mitford
1440 Broadway
Oakland California, 94162

I am sorry I was unable to visit with you in December in California. My trip was unfortunately too brief and the meetings all too long. I am hoping that I will have another opportunity to travel to the Bay Area and that we will have a chance to visit. Since my trip West, Bill and I have had our first child, a daughter, Chelsea Victoria, and our lives are pretty much occupied with the challenges she offers.

I am delinquent in answering your telegram concerning the James Dean Walker case. Although circumstances seem to have obviated the need for any response, I did want to take the opportunity to write you and set forth some of my reactions to the Walker situation and my opinions about the existing state of Arkansas prisons.

As you are aware, the proceedings surrounding the extradition of James Dean Walker have focused national attention on the Arkansas Department of Correction. This attention centers around the conditions of confinement for the inmates placed in the custody of that Department. In the past, nearly everyone would admit that these conditions violated constitutional standards.

However, in fairness to the Department and the State of Arkansas, I believe that the current situation does not support the allegations that are presently being made by Walker’s attorneys. It is an indisputable fact that the Department of Correction in 1980 is not comparable to the Department as it existed in 1975, and certainly not the Department of 1969, the year in which the Holt v. Sarver litigation began.

Since 1977, the year Bill became Attorney General, a number of changes have occurred: an internal investigation unit at the Commissioner’s level has been created. The use of trailers as temporary housing for inmates has completely ceased. A new infirmary, medium security section, visiting center, and law library have been constructed at the Cummins Unit. The Department has received an “A” rating from the Arkansas Department of Education for its school programs. A complete new shower and laundry area has been created at the Tucker Unit. In August 1979, Bill hired Vernon Housewright, a nationally recognized professional in the field of corrections as Commissioner for the Department. In his previous position in Illinois Mr. Housewright was warden of the first adult confinement unit in America to be acknowledged by the American Correctional Association as meeting all of their standards. He intends to achieve the same standards in Arkansas and has already made significant progress toward that goal.

One of the most important events occured [sic] in October, 1978, when the Department entered into a consent decree Bill had negotiated with the attorneys for the Holt inmates. The specifics of this decree are still unique in the country. It created the position of compliance coordinator to monitor the implementation of the prior court decrees. The coordinator’s presence as a neutral observer further insures the safety of the inmates and allows for a full independent investigation of any complaints. It is hoped that this mechanism will be the catalyst for removing the stigma of unconstitutionality from our system by March, 1981.

The Governor sits on the Board of the Criminal Justice Institute, a not for profit body, whose main office is in New York City. This groups is currently providing a full time mediator for inmate complaints. The presence of this mediation process is another means fo providing for the early resolution of inmate complaints.

The Winthrop Rockefeller Foundation has given approximately $75,000.00 to the Department to improve their staff training academy. The State is also presently negotiating with the A.C.A. in the hopes of developing a national center for the training of correctional staff in Arkansas.

In the very near future Mr. Housewright will create a Medical Services Division at the Deputy Director level to help focus resources and attention on this important aspect of the Department’s operation. At the same time the Governor is actively supporting the Department’s goal of opening a new work release center in northwest Arkansas. Both Mr. Housewright and the Governor firmly believe that community corrections better serve both the inmate population and the taxpayer.

During the 1979 session of the Arkansas General Assembly salary increases for line officers were adopted. Also during this same sessions of the Legislature, the Department was urged to seriously examine the possibility of the timely release of the aged and infirm inmates within its custody. Bill has worked diligently with the Parole Board to see that, when appropriate, this occurs.

A new administration building for the Department was opened in late 1979. In a few months the Department will open its Diagnostic and Hospital Unit. All incoming inmates will be processed through this facility. Hopefully in the near future the Department will begin full operation of a new unit at Wrightsville that will house both work release inmates and inmates involved in special industry programs.

I could go on and on with the many changes that have taken place in just the last few years and the ones that are scheduled for the very near future, but I think I have shared enough with you to prove my point. The Department of Corrections that existed in 1970 is no longer present in Arkansas. I am not saying that the Department has solved all its problems, but a system has been created that will not tolerate inhumanity to inmates, racial discrimination, physical insecurity for inmates or staff, and medical mistreatment or neglect.

I do not know how Mr. Walker’s claims will be resolved, but I really believe they are without merit.

Cordially yours,

Hillary (hand-signed)

HILLARY RODHAM

Letter 4
May 10, 1980
Letter from Mitford to Mrs. Clinton
Typed

Ms. Hillary Rodham
720 West Third Street
Little Rock, Arkansas 72201

Dear Hillary,

Thanks so much for your very interesting letter re changes in the Arkansas Prison System, from which (as you put it) the “stigma of unconstitutionality” should be removed by March, 1981. Which, of course, might seem a rather long time to those confined in the prisons.

Obviously, I applaud many of the changes you enumerate. If I am skeptical of such concepts as “American Correctional Association standards” (page 2 para 1 of your letter) you must forgive me; I had my fill of those alleged standards when researching Kind & Usual Punishment.

Some disturbing questions remain. I had been told that numerous Arkansas citizens, knowledgeable about the prison system of that state, were prepared to testify that James Dean Walker’s life would be in danger if he were returned to the Ark. penitentiary, & so stated in my telegram to you. My copy is long since lost in the maw of my (non) filing system; but as I recall, those willing to testify included a former judge & a former prison advisor. I expect my copy will turn up one day—doubtless just after I’ve mailed this letter—but I wonder if you or anybody in the Governor’s office ever got in touch with these people re their proposed testimony?

A suggestion since Tom Murton first put the Ark. prsiosns on the map, so to speak, why not invite him for a first-hand look at the changes being made by the new administration. I realize he is a thorny, irascible, difficult character—but so often it is just such types who have what it takes to stir up HUGE and (in his case) EFFECTIVE rows.

Again, very many thanks for writing,

[Jessica Mitford—unsigned on her copy]

ps Sorry for atrocious typing—subeligible** as ever, I fear. See A Fine Old Conflict—or if you haven’t seen it, I’d love to send you a copy, ditto Kind & Usual Punishment. Send a postcard if you’d like to have them, will send pronto.

[**”Subeligible” is a reference to the typing skills Mitford was deemed to have when she worked as a government clerk for the Office of Price Administration in the 1940s]

Letter 5
June 20, 1980
Letter from Mitford to Mrs. Clinton
Typed

Dear Hillary,

I’ve meant to write to you for some time, to ask if you got my letter of 10 May re the James Dean Walker case. But Bob and I have been away-principally to the wedding of my daughter Constancia Romilly (known as Dinky) in Atlanta. Fancy me having a Married Daughter! About time, you’ll say as the grandchildren are now aged 13 & 10.

On our return, I found a most interesting letter from James D. Walker. He says in part:

“The case has broadened in scope considerably since it first began—there are now 28 other states that are looking at our case—16 states that are presently under federal court ruling because of ‘unconstitutional’ conditions, plus 12 more that are being sued because of brutal conditions.

“This means that any rulings in my case could affect extraditions of inmates being returned to unconstitutional prison systems. However, the question involved may take considerable time to resolve, as we are currently awaiting a ruling by the U.S. Supreme Court as to just who should have jurisdiction to hear the questions raised in our writ. Personally, I feel that it is time of the courts of our land to protect, as well as prosecute. I believe there is a socio-legal issue involved, and if it can help to correct any aspect of our totally inadequate criminal justice system, then the effort will have been worthwhile.”

I concur with the above sentiments. But what I really want is an answer to my letter of 10 May, plus any additional material and/or thoughts that you may have about this whole issue.

Do write back. I’d love more news of Chelsea Victoria – what a marvelous name! How did you come by it? Was she conceived in Victoria Station, or Chelsea?

Best Regards,

Decca

P.S. I should add that James Walker’s letter was (as you can see from above quotations from it) extremely lucid, non-self-pitying, intelligent. Does Arkansas really want him back in the prison system? WHY? R.S.V.P. re all this.

[Handwritten] I enclose a copy of relevant passages in my May 10 letter in case you have lost it.

Letter 6
July 12, 1980
Letter to Mitford from Mrs. Clinton
Two pages, handwritten on “Hillary Rodham, Attorney” letterhead

Dear Decca,

I’m so sorry to be so long in responding to your letters, but in addition to work and travel and Bill’s activities, I find motherhood incredibly absorbing. I never imagined I’d be as captivated as I am. Chelsea Victoria looks distressingly like Winston Churchill which at least diverts inquiries as to why we named her after the London Subway. We didn’t really, just loved the sound and feel of the words and a lovely 1960’s song called “Chelsea Morning.” In any event, she’ll be free to call herself South Kensington if she likes.

I have enclosed a copy of the consent decree in the Arkansas prison litigation. The Compliance Coordinator, Stephen LaPlante, has just issued another report which concludes substantial progress toward meeting the decree’s goals and those of the system itself has been made but three areas still need concentration: mental health services need a separate unit; disciplinary policies are constitutional but not always uniformly applied; and the number of uniformed guards needs to be drastically increased. Each of these problems is being addressed now by the Board of Corrections, separate from the Governor’s Office), the Governor and will be presented to the 1981 Legislature for the necessary funding.

Probably no other prison system has received the careful scrutiny Arkansas has since 1968. The remaining deficiencies are serious and need correction but they are not the type for which the State became infamous. I don’t believe you, or Bill or me will be satisfied with prison conditions here or elsewhere in the country for the foreseeable future, especially with Reagan in the White House and the resurgence of reaction. But, it is inaccurate for anyone, including Mr. Merton [sic] or Mr. Walker to talk about the Arkansas system today as being no different from the one of ten or even five years ago. Probably the people most distressed by the Brubaker/Walker situation are the inmates’ lawyers and other reformers who’ve lived with the issue for years. I count Bill among the group since he negotiated the Decree over tremendous opposition from many people in and out of state government who hoped to avoid responsibility.

I have tried to educate myself about Mr. Walker. One of my former law students is a friend and champion of his. I have talked at length with him. He does not have any independent information to support Mr. Walker’s fears about returning to Arkansas, but is persuaded they are genuine. Based on what I know about the people now running the system, I dispute the factual basis of such feelings and do not believe Mr. Walker’s position is meritorious, although it is ingenious.

It is unfortunate his case coincides with “Brubaker.” Your suggestion that Merton [sic] be invited for a return visit might have been worth pursuing if he had not appeared on the “Today” show and stated Ark. prisons hadn’t changed in 100 years. I found that comment specially interesting since he takes such credit in other contexts for catalyzing change. I have always though most credit was due to Bob Sarver but regardless Merton played and invaluable role in moving the horrors into the public arena and pushing very hard. Bill will be on the “Today” show June 24th to explain his perspective of the changes. You might be interested in watching. Sorry about my writing—but wanted to get this off. H.

[scrawled above letterhead on first page] P.S. Also enclose a copy of editorial from Ark. Gazette, newspaper which has pushed reform and changes in prison system. You might also be interested in checking out the new commissioner, Vernon Housewright, who is very sensitive and quite unhappy with Merton’s publicity on behalf of Brubaker. Also Tony Travisono with the Amer. Correctional Assoc. is familiar with our system.

Letter 7
Typed notes of Mitford on an interview with Governor Clinton in Arkansas
August 1, 1980

Q; Death threats against Walker
A; No one takes the threats lightly but prisons are under totally different leadership. We’d go on assumption Walker’s fears are genuine, but there would eb no opportunity to carry out the threats.

Q: Are you aware of lie detection tests failed by Lockhart?
A: Am aware of the tests.

Q: Why is Lockhart still there?
A: The reason he’s there is that the person in charge never terminated him. I trust Housewright (director of Corrections) and his decisions. But Lockhart ought to tell the truth in the lie detector test.

Q; Shouldn’t he tell truth even if he not being given a test?
A: Ha ha.

Q: I can’t understand why given his long record of brutality as discovered by the compliance coordinatior & inmate counsel, he hasn’t been gotten rid of.
A: Lockhart is seen by a majority of the Board of Corrections—who are in charge of everything—in charge of the hiring and firing—as a link of stability running through the prison. He has strong support by numerous legislators, they think he’s held the prison together. He has very considerable support. Ask Housewright about that.

Q: re Guard Jimmy Dougan who broke neck of inmate Fuller. You tried to get him fired according to Ark. newspapers and were unable to do so?
A: That came to light indirectly. The state medical office issued a number of erroneous report. The truth hadn’t emerged. My position was , whether or not the guard had deliberately tried to kill the prisoner, he had violated the rules of the prison which prohibit “horseplay”

Q: Did you ask for his prosecution for murder
A: It came before the Grand Jury which decided not to prosecute. When I was Attorney general every case of misconduct was reviewed in the federal court, which has jurisdiction. Further on Jimmy Dougan case second autopsy March 1979 note 1st autopsy listed cause death heart failure 2nd autopsy body exhumed insistence of widow broken neck.

Q: Dougan eventually fire for brawling in public after rodeo
A: the stated reason for the firing may have been different , not connected with the death of Fuller. But I doubt if he would have been fired for brawling alone. The board of corrections is very jealous of its autonomy hence I can’t directly order them to fire somebody. But I have a relationship with Vernon Housewright and believe his assurance guarantees that nothing will happen to Walker if he is returned.

Q did you ever see affidavit by Ark citizens that Walker would face death if returned?
A: No the only one I saw was Tom Murton’s. James Smedley (extradition secretary) would have them all.
Walker claims death threats and unconstitutionality of prisons as reason he should not be returned to Ark. Philip Kaplan [court-appointed prisoner lawyer] will tell you he has free access to the prisons and to all inmates. If the claim is upheld in U.S. Supreme Court—think of the consequences! Escapers would flock to California.

Q: You in fact have no control whatsoever over the prisons since you couldn’t get Jimmy Dougan fired although you made a public statement about that case reported in Arkansas newspapers?
A: I’ve no direct control but I could terminate Housewright. The Board of corrections must rule on all hirings and firings.

Q: But as long as Lockhart is there, Walker feels in danger of his life.
A: On that question I have confidence in Housewright. If he assures me he can guarantee protection, I must believe him. Housewright is very sensitive and would put Walker in separate facilities.
We might recommend that he serve out his term in California—I’d just as soon have him in California.

Q: Would you consider Walker’s rehabilitation in years he has lived in Tahoe as a factor that might persuade you to withdraw your extradition warrant?
A: No.
Rehabilitation is only considered as a factor once he is extradited and returned here. Where escapes are concerned, rehabilitation is not a factor. For example last year an escaper found in this state was extradited to Arizona, for a much less severe crime than Walker’s. He was rehabilitated and was soon released by Arizona. In one case that I recall we did consider rehabilitation as the person had made restitution for his crime.

Q: Then you do not take rehabilitation into account if prisoner escapes?
A: I couldn’t say it would never be taken into account that there would never be a case in which we would refuse extradition from Arkansas. I would welcome the housing of Walker in a California prison. (he knows all about Soledad!)

Q; Have you had pressure form police sheriffs other law enforcement groups who want walker returned?
A: I haven’t heard from them directly.

Q: When US Supreme Court will hear case?
A: Could be anytime depending on their view of the urgency of it.

Letter 8
July 4, 1992
Excerpts of letter from Mitford to a civil rights activist and longtime friend, Virginia Durr

…in 1980 I had a furious falling out with the Clintons and Jerry Brown. It concerned the extradition to Arkansas of an escaped convict [James Dean Walker] who had lived for 4 1/2 blameless years in California…

When I was researching the articles [on Walker], I went to Little Rock & had lunch with Gov. Clointon and Hillary via an intro. From Bob. All to no avail. The interesting thing is the Bob/Hillary connection.

Hillary Rodham, as she then was, came to work for Bob as a student intern when she was a Yale law student in the 1960’s [sic, actually 1971]. Top students like Hillary were much sought after by huge prestigious Wall Street type law firms—some, like Hillary’s were far more interested in left-wing firms like Charles Garry’s in SF and Bob’s.

Fast-forward to 1992, & the election campaign. There was a v. long article in Vanity Fair by Gail Sheehy, an interview with Hillary in which every detail of her life from childhood on was explored—no mention of the internship in Bob’s law office. Quite right, I thought, as obviously if that came out it would be prime meat for the Bush campaign.

Last act in this mini-drama: Bob & I were having dinner with Diane Johnson (a v. good writer, neighbor of ours) & she said, “I hear that Hillary Clinton once worked for you when she was a Yale law student.” How did you know that, we asked? Turns out her son-in-law works in the White House dirty tricks division…whose job is to dig up dirt on all the Bush opposition. So the son-in-law mentioned to Diane that “your friend Treuhaft” once employed Hillary. Presumably, the Bush campaign is hoarding this bit of non-news for later springing on the public.

From all I know about her, Hillary seems to be an excellent person—president of Children’s Defense Fund etc. [sic, Mrs. Clinton served as the group’s chairwoman from 1986-92]….Viv. Cadden [a magazine editor and writer] spent some days with Hillary (can’t remember the context) and thought she was smashing, which is also our impression….

Letter 8
July 30, 1996
Handwritten note from Mrs. Clinton on personal stationery, sent from the White House

Dear Bob,

I was so sorry to learn of Decca’s death and hope this note finds you in the comfort of your family and friends. Everyone who knew Decca will miss her humor, wisdom and pointed observations about life—and about the rest of us. But her spirit and her writing will live on.

The President joins me in sending you our sympathy and prayers.

Yours,

Hillary

Source: Jessica Mitford (also known as Decca Treuhaft) Collection, Rare Books and Manuscripts Division, Ohio State University Libraries, Columbus, Ohio