Evening star., 1951-06-06
Justice Agency Faces
Snags on Plans for
New Drive on Reds
Bx Robert K. Walsh


to prosecute additional Commu-
mist Party members as a result
Of a Supreme Court decision may
run into snags because of posi-
BILE self-incrimination claims and
other Communist counter moves,
congressional authorities said to-
day.
Department officials conceded
that fresh obstacles have arisen
since a Federal Court jury. in
New York City in October. 1949,
convicted II Communist Party top
leaders of conspiracy to organize
the party and advocate and teach
violent overthrow of the Govern
I1ent.
But they voiced confidence that
those developments will not him
der future grand jury and court
proceedings. The basic issues and
substantial evidence, they con-
tended, are essentially the same
as those used successfully in win
ming verdicts and a Supreme
Court decision against the II
leaders.
Tactic to Be Intensified.
A Communist Party tactic, as
envisioned by congressional ex-
perts. will be to intensity the prac-
tice of refusing to answer ques-
ton asked by the grand jury.
The Supreme Court, during the
term that ended last Monday, held
in half dozen cases that grand
jury witnesses can take refuge in
the fifth amendment and refuse
to answer questions they believe
might tend to incriminate them.
Those decisions, however. set
no rigid rule. The balky witness
still takes a risk in remaining
silent. Specific circumstances play
in each individual case. A witness
presumably does not have the final
say in deciding whether to an
swer all questions about such
things as Communist Party mem
bership. activities or acquaintance
with other Communists.
Nevertheless, as a result of the
Supreme Court finding that the
Smith anti-sedition law of 1910 is
constitutional, some Government
authorities believe that a Commu-
mist. summoned before a grand
jury, has a stronger reason than
ever to refuse to say he ever was
a Communist. To admit it might
make him subject to prosecution
as a conspirator in teaching and
advocating overthrow of the Gov
ernment by force or violence.
Justice Department officials
have an answer to that. They
note that the Government does
not have to rely on testimony of
Communist leaders to obtain in
dictments against them under the
Smith Act.
Moreover, Justice Department
authorities are confident that the
same evidence and testimony
which led to conviction of the II
members of the Communist
Party's "politburo" in the United
States can be used with equal
effectiveness against State, re-
gional or other veteran party off,
cials.
Facing Difficult Hurdle.
A more difficult hurdle, however,
has arisen as a result of Com
munist Party moves, particularly
since. the Justice Department
started grand jury proceedings
against the party leaders almost
four years ago.
Congressional authorities con-
nected with Senate and House
committees investigating so-called
subversive activities noted that the
party several years ago abandoned
the practice of card-carrying.
The party also has decreased
the number and size of its meet
ings. on national and local levels.
Those Communist Party changes
might cause some inconvenience
in specific prosecutions but prob
ably will not prevent court ac-
ton. a Justice Department
spokesman said.
The test, in accordance with
the Supreme Court decision, is
whether a person was "willfully"
a member of the party and really
knew what it meant and actively
adhered to its principles" he ex-
planned.