page_title: Maurice Braverman
section_title: Hiss Case
hierarchical_section_title: Maurice Braverman / Career / Hiss Case
caption_attribution_description: Robert Thompson and Benjamin Davis surrounded by pickets as they leave the Federal Courthouse in New York City / World Telegram &amp; Sun photo by C.M. Stieglitz.
context_page_description: Maurice Braverman was a 20th-century American civil rights lawyer and some-time Communist Party member who was convicted in 1952 under the Smith Act, served 28 of 36 months, then immediately faced disbarment, against which he fought in the 1970s and won reinstatement in Maryland and federal courts.
context_section_description: On August 26, 1948, Braverman appeared as counsel for Mr. and Mrs. William Rosen, involved in the sale of a Ford automobile once belonging to Alger Hiss during House Un-American Activities Committee (HUAC) hearings that were following the allegations of Elizabeth Bentley and Whittaker Chambers.
  
  After a short time, the committee attempted to turn Braverman from counsel to witness: 
   
  Mr. Braverman: I am not on the stand.
  Mr. Stripling: You are on the stand. In fact, I would suggest that the chairman swear counsel. I have a few questions I would like to ask counsel.
  Mr. McDowell: Stand up and raise your right hand.
  Mr. Braverman: I will stand up, but I refuse to be sworn in as a witness in this case. I am counsel.
  Mr. McDowell: Get a subpoena.
  Mr. Braverman:  Mr. McDowell, will you permit me to call counsel?
  Mr. McDowell: Well, no : there has been no action taken yet. Wait a minute.
  Mr. Braverman: I would like to call counsel before I am subpoenaed.
  Mr. McDowell: There has been no subpoena yet. Just wait a minute until you need counsel.
  
  (...)
  Mr. Stripling: You asked to call counsel. Are you prepared to testify if we subpoena you?
  Mr. Braverman: I am not prepared.
  Mr. Stripling: You are not prepared?
  Mr. Braverman: I would like to state my reason, too.
  Mr. Stripling: I can see, Mr. Chairman, that the witness would not testify and I suggest that we withhold the subpoena
  .
  Mr. Braverman: I would like the opportunity of stating my reason, Mr. Stripling.
  Mr. Stripling: For refusing to take the oath?
  Mr. Braverman: Yes ; when it was asked of me.
  Mr. Stripling: I ask you now : Will you take the oath?
  Mr. Braverman: No, I won't.
  Mr. Stripling: Why?
  Mr. Braverman: For the simple reason that I am here representing Mr. Rosen. I think any attempt to put me under oath is an attempt to intimidate my client and hurt my professional relations between attorney and client. I have a perfect right to appear as attorney for my client, and I think the committee has no right to ask questions regarding relations between me and my client.
  Mr. Stripling: We are not asking you about the relations between your client and yourself.
  Mr. Braverman: I think any questions would be in that regard.
  Mr. Stripling: We often swear counsel. In fact, we swore counsel yesterday in public hearing, and because you come here with a witness and seek to give him advice on how to answer questions doesn't give you any immunity.
  Mr. Braverman: I haven't claimed that immunity. I am merely stating my position.
  Mr. Stripling: You have refused.
     On September 8, 1948, Braverman appeared again before HUAC as counsel to Addie Rosen (Mrs. William Rosen).  When Mrs. Rosen continued to refuse to answer questions by pleading the Fifth Amendment, the committee again turned on Braverman:  
  The Chairman: Mr. Counsel, will you stand and be sworn? Please stand and be sworn, because we want to ask some questions about this matter and it is very important and we want sworn testimony.
  Mr. Braverman: Mr. Thomas, I will state as I stated before, that I am not here as a witness. I am here as counsel.
  The Chairman: From now on you are here as a witness.
  Mr. Braverman: Before I appear as a witness I would like the privilege of consulting counsel and being represented by counsel before this committee.
  The Chairman: Is your counsel present now?
  Mr. Braverman: No.
  The Chairman: Do you refuse to be sworn?
  Mr. Braverman: I refuse to be sworn and appear as a witness until I have the right of counsel. I want counsel present to advise me.
  The Chairman: I will have to insist that you be sworn now. Raise your right hand or I will hold you in contempt.
  Mr. Braverman: I am sorry, I do not want to be in contempt of this committee, but if I am sworn as a witness I want the right to consult counsel.
  The Chairman: We want to ask you two or three simple little questions and we think the testimony should be sworn testimony, so if you will just please oblige the committee by raising your right hand.
  Mr. Braverman: If this committee will allow me the right to have counsel present when I am here as a witness, 
caption: Smith Act trials of Communist Party leaders:  Defendants Robert Thompson and Benjamin J. Davis—compared to whom Maurice Braverman was only "second string"
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