The inclusion of the Emperor as defendant is now being discussed.

There is at least a prima facie case of guilt which can be proved.

This is not contested by the Allied prosecutor. When final
decision is taken, political considerations will probably prevent
votes in favour of inclusion. [1] I am pressing strongly for
inclusion. Keenan has addressed a personal letter to me which I
have told him will be transmitted to you. The material part seems
to be that he has learned from authoritative sources (which, I
gather, is MacArthur) that any disturbance with the institution of
the Emperor at this time would invite disorganisation, chaos and
serious [2]. He invites me to join in the voting to exclude the
Emperor. My attitude is that if there is a case, he should be
indicted. Unless I am instructed from Australia that I should vote
for exclusion, I propose to press for inclusion. The matter is
likely to be determined during the coming week. Even if the
prosecutors should decide to indict, MacArthur still has the right
of veto. For your information Keenan is anxious that there should
be no disharmony between the prosecutors when the Russians arrive
and as the Russians probably desire to see the present system of
Government in Japan destroyed, they will no doubt press for
indictment of the Emperor.