| Gerhard Gesell | |
| Office: | Senior Judge of the United States District Court for the District of Columbia |
| Term Start: | January 22, 1993 |
| Term End: | February 19, 1993 |
| Office1: | Judge of the United States District Court for the District of Columbia |
| Term Start1: | December 12, 1967 |
| Term End1: | January 22, 1993 |
| Appointer1: | Lyndon B. Johnson |
| Successor1: | Paul L. Friedman |
| Birth Name: | Gerhard Alden Gesell |
| Birth Date: | 16 June 1910 |
| Birth Place: | Los Angeles, California |
| Death Place: | Washington, D.C. |
| Education: | Yale University (A.B.) Yale Law School (LL.B.) |
Gerhard Alden Gesell (June 16, 1910 – February 19, 1993) was a United States district judge of the United States District Court for the District of Columbia.
Born in Los Angeles, California, Gesell received a Bachelor of Arts degree from Yale University in 1932 and a Bachelor of Laws from Yale Law School in 1935. He was a trial attorney for the Securities and Exchange Commission from 1935 to 1940 and a technical advisor to the Securities and Exchange Commission Chairman from 1940 to 1941. He was in private practice in Washington, DC, from 1941 to 1967. In 1945 and 1946, he served as Chief Assistant Counsel for the Democrats during the Pearl Harbor hearings. He chaired the President's Committee on Equal Opportunity in the Armed Forces from 1962 to 1964.
On November 29, 1967, Gesell was nominated by US President Lyndon B. Johnson to a seat on the United States District Court for the District of Columbia vacated by Judge Spottswood William Robinson III. Gesell was confirmed by the US Senate on December 7, 1967, and received his commission on December 12, 1967. Gesell assumed senior status on January 22, 1993, and served in that status until his death on February 19, 1993, in Washington, DC.
In 1973, Judge Gesell ruled illegal the firing of special prosecutor Archibald Cox by Acting Attorney General Robert Bork under the orders of President Richard Nixon in the so-called Saturday Night Massacre.[1]
In 1974, Gesell presided over trials of the so-called Watergate Seven that arose from dozens of felony charges in the Watergate scandal. All of the defendants had held cabinet rank or senior staff positions in the White House of President Nixon. Those convicted or pleading guilty in these trials were John N. Mitchell, H. R. Haldeman, John Ehrlichman, Charles Colson, Gordon C. Strachan, and Robert Mardian. Kenneth W. Parkinson was acquitted. Gesell later ruled that the office tape recordings of President Nixon were in the public domain because they had been played during a Watergate trial; his finding would be upheld by the Supreme Court.[2]
In 1989, Gesell was the presiding judge in the government's case against National Security Adviser Oliver North, who was convicted of aiding and abetting obstruction of a congressional inquiry into the Iran-Contra arms sale, of ordering the destruction of documents, and of accepting an illegal gratuity. On July 5, 1989, Gesell probated North's three-year prison sentence but fined him $150,000, sentenced him to 1,200 hours community service, and placed him on two years' probation. Those convictions, however, were later vacated by an appeals court because North had been granted immunity for his testimony to Congress. After further hearings on the immunity issue, Gesell dismissed all charges against North on September 16, 1991.[3]