Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-08-05
Public Fails 10 Realize
Legal Problems on
Spy Indictments
Mony Ask Why Truman
Did Not Act Whenever
- Loyalty Wos in Doubt
By David Laurence

By David Laurence
Many people are asking questions
about the spy ring" and the pres
1ence of Communists in the Govern
'nent and particularly why Presi-
dent Truman doesn't seem to have
.ferreted out some of the individuals
whose loyalty has been in doubt.
Observers are asking, too, why
the Federal Bureau of Investiga-
ton hasn't succeeded in tndicting
or prosecuting some of the individ-
uals named. Also it is being said
that the grand jury investigated
and nevertheless didn't indict some
of the persons accused Of disloyalty.
All this indicates that the pub
lie isn't clear on what the legal
problems really are. In the hrst
place, the FBI is an investigating
and not a prosecuting agency. 1t
collects all the evidence but 1t Is
up to some one in the Justice De-
partment to decide what shall be
done with it-who shall be prose-
cuted
When it comes to asking a grand
fury to indict, there must be some
presumption of guilt, some belief
that the evidence would lead to
conviction. Unless the departments
ATTORNEYS are convinced that they
have a good case, the grand jury
will not indict.
EXPLANATION Given.
The explanation is being mace,
for instance, that the Justice De-
partment didn't have copies OF
what was actually transmitted 10
the Russian government and hence
no proof could be had against
those alleged to have transmitted
information in a spy ring" This
NAV or may not be an insurmount-
able technicality, but it would seem
that many an Indictment has oeen
rendered by grand Jurles IN the
past at the request OF the Justice
Department on far less convincing
pieces of circumstantial evidence.
Then there Is the question OF dis
loyalty probes inside the Govern
nnent. So much personal and po-
utical influence is brought to bear
bv friends who believe absolutely IN
the integrity of those they de1eno
that the record becomes bathing.
Then there is the ah-important
question OF whether a person is
Communist in the sense OF being
q part of the Russian spy system or
whether he Is a Communist from
an theological or political point OF
view only. Many so-called Amerl-
can Communists might swear they
never intended in any way to be-
come a part Of any movement to
overthrow the Government by force
and yet they may believe In inf1u-
encing the Government to adopt
such economic policies as would pro
duce disintegration and chaos. 1t
isn't a crime. for example, to be-
Heve In socialism, which, minus the
element of overthrow OF the Govern
ment by force, still argues for such
an amount of Government control as
to make totalitarianism an easy Sc
quei.
Socialists have their political tick
ct and have never caused much II
any concern. Yet Communists who
20 to a greater extreme are now in
sisting that they are merely express
ing political beliefs. Where shall
the line be drawn? 1t Is significant
that the New Deal has such an af-
unity for the radical side that EEL
low travellers" and those with Com
munist leartugs' are to be found in
official positions
What Seems Pulling.
What seems puzzling is that,
where the evidence shows the per-
sons involved were either incompe-
tent or admittedly confused In their
mental approach, they should still be
retained in high places after there
had been questionings.
President Truman cannot afford
to ignore the requests from Congress
for detailed information in Govern
ment files. 1t is unfortunate that
many innocent persons will be
classed with the guilty. 1t is I'M
fortunate, too, that the United
States possesses nothing comparable
to the Royal Commission" which
investigates secretly first and then
accuses those who should be prose-
cuted. But with the executive
branch of the Government in the
hands of one political party and the
legislative controlled by another po-
lirical party, there is little chance
for a thorough or disinterested in
curry. When grand juries can be
Influenced by agencies of the Gov
eminent which have political ak
10 grind by suppressing prosecutions,
1t Is difficult to persuade the OPP
posite political party that everything
has been done to achieve the pun
ishment of the guilty.
Under such circumstances. full
exposure Of all the records in the
executive branch will tend to alb
solve the executive agencies of any
charge Of neglect of duty-if the
records indeed show that everything
that couid be done was done Pitt
less publicity may be painful but it's
the only way to get at the truth in
. political system.