Potter Stewart

“ Pertinency, which in the context of an investigatory proceeding is of course a term of wider import than 'relevancy' in the context of a trial, is to be judged not in terms of the immediate probative significance of a particular question to the matter under authorized inquiry, but in light of its tendency to elicit information which might be a useful link in the investigatory chain. ”

“ Tavenner emphasized that the hearing in Washington was a continuation of the Albany hearings, which he characterized as 'a general investigation of Communist Party activities in what was referred to as the 'Capital Area." Under interrogation of government counsel, the witness expressly disclaimed that the purpose of the Washington hearing had been to investigate Communist activities in educational institutions. [10] He was asked what 'connection was there between (the subject of the petitioner's testimony) and the investigations entitled 'Albany, New York'?' This question was never answered. ”

“ He stated that 'from the age of 13 or 14 I had read many books on Marxism and at that time was very much impressed with trying to solve certain of the injustices we have nowadays.' He said that when he got to college 'I felt if I had ideas I shouldn't be half pregnant about them, so when I came to college I was approached and joined.' He stated that the approach to join the Party had been made by a student. ”

“ It is also evident, however, that the thoughts which the petitioner voiced in refusing to answer the questions about other people can hardly be considered as the equivalent of an objection upon the grounds of pertinency. ”

“ At those hearings evidence was adduced, principally by the testimony of a former graduate student of the School of Industrial and Labor Relations of Cornell University, one Marqusee, and by one Richardson, a former student in the Cornell Law School, that a Communist cell existed in that University from 1947 through 1953. ”

“ The transcript of Richardson's testimony showed that he had testified that as a student at the Cornell Law School in 1950 he had joined the Communist Party at the request of the Federal Bureau of Investigation. ”

“ Jackson: There is a question pending and the Chair must insist that you answer the question that has been asked.
'Mr. Deutch: I can only say that whereas I do not want to be in contempt of the committee, I do not believe I can answer questions about other people, but only about myself.
'Mr. Jackson: You therefore refuse to answer the question that is pending, is that correct?
'Mr. Deutch: Yes, sir. * * *'
Petitioner's refusal to answer that question resulted in Count One of his subsequent indictment. ”

“ The pertinence of the petitioner's interrogation is.
In enacting 2 U.S.C. § 192, 2 U.S.C.A. § 192, the Congress invoked the aid of the federal judicial system to protect itself from contumacious conduct. Watkins, supra, 354 U.S. at page 207, 77 S.Ct. 1173. 'In fulfillment of their obligation under this statute, the courts must accord to the defendants every right which is guaranteed to defendants in all other criminal cases.' Id., 354 U.S. at page 208, 77 S.Ct. ”