Abe Fortas

“ Near the close of the testimony of the first witness at the hearing, the Chairman and other members of the Subcommittee disavowed any effort 'to break or bust unions,' but added that the Committee's purpose was to expose and break up Communist control of unions.
5. At one point in the hearing, the member of the Subcommittee who was then presiding stated that the purpose of the hearing was to consider testimony relating to Communist Party activities within the field of labor, but went on to refer to other purposes. ”

“ Accordingly, even if we were able to establish proper authorization by the Committee itself pursuant to Rule I to conduct the inquiry at which the questions were asked which petitioner refused to answer, this prosecution would fail. The jurisdiction of the courts cannot be invoked to impose criminal sanctions in aid of a roving commission. The subject of the inquiry of the specific body before which the alleged contempt occurred must be clear and certain. ”

“ Courts administering the criminal law cannot apply sanctions for violation of the mandate of an agency-here, the Subcommittee-unless that agency's authority is clear and has been conferred in accordance with law. ”

“ It is authorized to make investigations of un-American and subversive 'propaganda' and 'propaganda activities' and 'all other questions in relation thereto that would aid Congress in any necessary remedial legislation.' To support criminal prosecution under § 192, this generality must be refined as Rule I contemplated. ”

“ See also note 6, infra.↑ There is some evidence in the record that the House Committee had 'intermittently' (Brief for the United States, p. 4) investigated the union of which petitioner was an officer as a part of its alleged 'continuing investigation.' However, nowhere in the record does any authorization of such a continuing investigation appear. In any event, the authorization of a 'major investigation' by the full Committee must occur during the term of the Congress in which the investigation takes place. Neither the House of Representatives nor its committees are continuing bodies. ”

“ None of these designates or describes the subject matter of the inquiry or authorizes the subcommittee to conduct it. The Committee's minutes for these three dates are as follows:↑ The action of the full Committee in reporting petitioner's contempt to the House, and the House's action in certifying the contempt to the United States Attorney for prosecution, cannot be taken as retroactive authorization of the investigation and definition of the delegated authority. Petitioner's 'duty to answer must be judged as of the time of his refusal.' United States v. ”