Evening star., 1954-09-27

letter from the Secretary Of the
Army giving a full explanation
of the Peress case.
40. Senator Mccarthy con-
] tended at the hearings before
the select committee that mat
ters in the Peress personnel file
could be revealed by General
Zwicker and that General
Zwicker was not relying on any
Presidential order.
| SO. Later, Senator Mccarthy
testified that Gen. Zwicker was
relying on presidential and exec
utive orders. and that he, Sena-
tor Mccarthy, had copies of
them.
81. Immediately after Gen.
Zwicker had testified in New
York. Senator Mccarthy gave to
the press his version of what had
occurred at the executive hear
ing.
So. Senator Mccarthy could
not recall whether he told the
press that the Zwicker hearing
had been held principally for the
benefit Of Secretary of the Army
Stevens, did not think SO, was
reasonably certain he had not
said so.
So. On his right to reveal to
the press what had been testified
to at the Zwicker executive hear
ing, Senator Mccarthy testified
Cat the September hearings).
/ 81. The rules Of the Senate
Committee on Government OPP
erations, adopted January IA.
1858, provided: +
s. All testimony taken in exec
utive session shall be kept secret
and will not be released or used
in public session without the ap-
proval of a ma iorlty Of the sub
committee.
SIS. At that time the subcom-
mittee consisted Of seven men,
bers.
Sc. During the executive ses-
sion, Senator Mccarthy said
with reference to Gen. Zwicker: /:
"This is the first fifth-amend-
ment general we've had before
U.S."
81. After the executive session,
Senator Mccarthy said to Gen.
Zwicker:
General, you will be back on
Tuesday, and 1T that time I am
going to put You on display and
let the American public see what
kind of officers we have"
So. The facts concerning Pc
ress' Communist connections
were known to General Zwicker's
superior officers when he was di-
rected to discharge Peress.
SO. General Zwicker was not
responsible in any way for pro-
noting or discharging Peress and
was very much opposed to both.
60. Major Peress was not in a
sensitive position so far as intel
ligence, or classified information
or material was concerned.
c. leeoI Questions Involved
I. in This Coteoory.
The legal questions arising
with reference to the incident
relating to General wicker may
be stated briefly as follows:
/. Is there any evidence that
General Zwicker was not telling
the truth in testifying before
| Chairman Mccarthy?
2. Is there any evidence that
General Zwicker was intention
ally irritating or evasive or ar
rogant?
3. What is the law governing
the treatment of witnesses before
congressional committees?
4. Was the conduct of Sena-
tor Mccarthy toward Gen.
! Zwicker proper under the cir
: cumstances?
|. There is no evidence that
Gen. Zwicker wos not tell
inc the truth in testifying
before Choirmon McCorthy.
We have analyzed carefully
, the testimony of Gen. zwicker,
, Of Senator Mccarthy, and OF the
other witnesses relating to this
! question. We have concluded
that Gen. Zwicker, when he ap-
. peared as a witness before Sen
ator Mccarthy, on February 18
1854, was a truthful witness. We
feel that it was evident that his
examination was unfair, and
that Gen. Zwicker testified as
fully and frankly as he could do,
in view of the presidential and
Army directives which restricted
I his freedom of expression. These
directives were known to his
examiners, and however much
they may have been out of sym.
pathy with the directives. the
fact remains that this was nc
excuse for berating Gen. Zwickel
and holding him UP to public
: ridicule.
Gen. Zwicker testified before
!. the select committee. He under.
went vigorous and taxing cross
examination from Senator Nc
, Carthy's counsel. A reading O
his testimony and examination
. makes it clear that in no materia
y respect was it necessary for Gen
Zwicker to modify or chang,
= his testimony from that given OF
: February 18, 1854, and that tn
double exposure of his evidence
- under searching examination re
: vealed no distortion Of fact O
= untruth.
g z. There is no evidence tho