Stanley Forman Reed

“ Quinn, Emspak and Fitzpatrick to hinder and delay a congressional committee in its effort to bring out facts in order to determine whether or not to undertake legislation. Such quibbling evades the basis for an understanding of the attitude of the witness as to privilege. It does not apprise the Committee of the claim of privilege and should not be held permissible. Factual testimony is the means for the ascertainment of truth in legally organized inquiries. Silence brings the proceedings to a dead end. ”

“ It is designed to excuse the guilty and the innocent alike from testifying when prosecution may reasonably be feared from compelled disclosures. The importance of preserving the right to require evidence, except when a witness definitely apprises the interrogating body of a valid claim of privilege, leads us to dissent.
The Court finds from the record before the Committee an apprisal by petitioners which the Committee should have understood as a claim of privilege against self-incrimination. ”

“ Quinn's testimony establishing his reliance on Mr. Fitzpatrick's evidence will be found in this Court's opinion in the Quinn case, supra, note 8, 75 S.Ct. 671. The hearing opened with a declaration by Mr. Fitzpatrick of minority rights to secrecy as follows:
'The Constitution of this country provides certain protection for minorities and gives the privilege for people to speak and think as they feel that they should and want to. It also gives the privilege that people can have opinions or beliefs that may be unpopular. ”

“ The separate opinions are based on the conclusion that the petitioners each properly claimed for himself the privilege against self-incrimination guaranteed by the Fifth Amendment. The Court holds that questions concerning association with known communists or membership in the Party asked witnesses holding prominent positions in a local union, under investigation for communist infiltration directed at national security, might reasonably be feared as incriminatory by the witnesses. ”

“ Emspak. Because of the hysteria, I think it is my duty to endeavor to protect the rights guaranteed under the Constitution, primarily the first amendment, supplemented by the fifth. This committee will corrupt those rights.
'Mr. Moulder. Do you think it corrupts you to answer the question?
'Mr. Emspak. I certainly do.
'Mr. Moulder. Why does it corrupt you?
'Mr. Emspak. Your activities are designed to harm the working people of this country. Every action this committee has ever taken has done that. ”

“ Chairman, if you want to ask me questions about my actions of loyalty, question my loyalty, you have a right to do so and I will answer them. So far as my political opinions, I have stated my position on that. You are asking the same question in a different way. ”

“ In view of the basis of the Court's decision made on its own examination and appraisal of the record, we must necessarily set out for discussion much of the testimony to determine whether the witnesses claimed the privilege. [8] The pertinent evidence follows.
After testifying at some length, the petitioner was asked: 'Mr. Emspak, are you acquainted with Joseph Persily?' Petitioner did not answer the question but made the following statement:
'Mr. Emspak. Mr. Chairman, I would like to say something at this point. ”

“ Normally the issue as to whether a claim of privilege was made would be a matter of fact for the trial court if reasonable men might reach either conclusion. See the discussion below in the opinion of Judge Prettyman in Quinn v. United States, 91 U.S.App.D.C. 344, 203 F.2d 20, 24, and of Judge Bazelon at pages 26 and 38. None of the judges of the Court of Appeals suggested approval of such action as this Court now takes in directing acquittal. See also Emspak v. ”