Tom C. Clark

“ There are no membership cards in the Party and have been none for more than a decade. If these evidential methods of proof-the testimony and identity of undercover agents-must be disclosed in an affidavit, the Government must choose between foregoing denaturalization cases and drying up its source of information before the proceeding can be brought. It is common knowledge among law enforcement officers that witnesses are affidavit-shy, particularly in cases involving subversion. Often, testimony can be obtained only in court with the aid of compulsory process. ”

“ But denaturalization is only a civil proceeding to withdraw a privilege wrongfully obtained. There has always been the requirement of proof under cross-examination of charges against the naturalized citizen, but apparently in this case the Court authorizes an additional procedure. Before his trial in this denaturalization proceeding, Zucca may file a bill of particulars and take depositions of each witness signing a 'good cause' affidavit. ”

“ To me § 340 (a) is clear and unambiguous. Its plain reading is that proceedings may be filed by the United States Attorney 'upon affidavit showing good cause therefor.' Here the Attorney swore to specific charges which certainly do constitute 'good cause.' The sworn statement that petitioner was a member of the Communist Party and the Workers Communist Party from 1925 to 1947 alleges a prima facie case. To me it seems obvious that the purpose of § 340 (a) -to reduce the possibility of spurious denaturalization proceedings-is fully served by such a sworn statement. ”