After informing the chairman that he was “not now and never had been

a member of the Communist Party,” Lamont vigorously attacked the

subcommittee’s jurisdiction. As far as he was concerned, McCarthy

had no power to inquire into his “personal and private affairs.” Not

only was this prohibited by the Constitution’s First Amendment, but

no statute or Senate rule gave the Permanent Subcommittee the right

to question a private citizen as to his “personal conduct, personal

beliefs and associational activity.” Indeed, if any governmental

agency had this right, it was the judiciary and not the legislature.

Lastly, Lamont maintained that the absence of the subcommittee’s three

Democrats, who had resigned in a huff in the late summer of 1953 over

the chairman’s insistence on hiring staff personnel without consulting

them, “has deprived this committee of its competency to act until it

has been properly constituted.”

If McCarthy was impressed by what he had heard, his visage didn’t

reflect it. Frank Carr, the subcommittee’s staff director, who was

hovering at his elbow, handed him a dark-covered book which turned out

to be Ernest J. Simmons’ _U.S.S.R., a Concise Handbook_, to which, it

seemed, Dr. Lamont had contributed a chapter entitled “National and

Racial Minorities.” After observing darkly that this book was “being

used by the military to indoctrinate our troops,” the chairman wanted

to know whether the witness had been paid for his chapter. Lamont

couldn’t remember whether he had or not, but promised to furnish that

information after checking his records.

The next order of business was a mysterious pamphlet called

_Psychological and Cultural Traits of Soviet Siberia_, which later

turned out to have been prepared by Army Intelligence. Its bibliography

referred to _The People of the Soviet Union_ by a “C. Lamont.” Lamont

readily admitted that he had written a book by that name in 1946, but

had never read or even heard of the long-named work in which it was

cited. In fact, he had tried to find a copy after it was mentioned by

McCarthy at a pre-hearing press conference, but was unable to locate

it. The Senator promptly asked Frank Carr to supply the witness with a

copy. He directed Lamont “to examine the document and then mark those

passages which come verbatim from your book.”

Up to this point, there had been little to distinguish the proceedings

from the almost two hundred that had preceded it since the Wisconsin

Republican had decided that the national destiny called for more

drastic tactics than the Constitution permitted. Outside of the fact

that Louis Budenz, hardly a stranger at Congressional hearings, was

sitting in a corner of the room, the executive session seemed destined

for next morning’s back pages. But what had all the earmarks of an

innocuous little query began to stir things up. The question: “Do you

know a Mr. Louis Budenz, Mr. Lamont?”

Lamont refused to answer the question. When McCarthy asked him for

his reasons, the witness offered to read his statement again, but the

chairman wasn’t having any more of that. Anticipating that Mr. Lamont

would still refuse to answer the question, he ordered him to do so.

Q. I say, so the record is complete, you are being ordered to answer,

and I assume you are refusing to answer?

A. Yes, on the grounds stated.

The chairman followed up his first question about Budenz with another

concerning the ex-Communist. “Did you ever admit to Mr. Budenz, in a

telephone conversation” he asked him, “that you were a member of the

Communist Party?” Again, the witness failed to give satisfaction. “I

refuse to answer that on the same grounds, Mr. Chairman, as set forth

in this statement.” But he was quick to point out that he was not

standing on the Fifth Amendment.

Q. You are not refusing under your rights under the Fifth Amendment,

right?

A. No, no.

With the cavalier observation that “I think it is necessary for the

Chair to order him to answer in case the committee decides to take

contempt proceedings against him,” McCarthy waited for his man to come

to heel.

Lamont, who recognized a crossroads when he entered one, decided to

confer with Wittenberg. The chairman, while very solicitous of the

right of a witness to consult his attorney, reminded the official

stenographer to make a notation of the fact “so that the record is

complete.” After a brief parley, Lamont had his answer ready. “I am

declining to answer on the ground that I do not wish to involve myself

in controversy with a known provocateur, and I am a loyal American. As

I said in the statement, I am not and never have been a member of the

Communist Party.” No, he would not identify “the known provocateur,”

other than the “person you named in the statement, Mr. Chairman.”

Then McCarthy turned to “a Clarence Hathaway.” Had the witness worked

with him “in connection with the penetration of various organizations

by the Communist Party?” Lamont objected to the form of the question

and, when his objection was promptly overruled, went back to his basic

point that the subcommittee did not have jurisdiction to interrogate

him. When the Senator pumped him as to whether he had been doing any

undercover work for any Communist Party members, the witness, after

characterizing the questions as “outrageous,” lapsed into stony silence.

Scarcely concealing a growing jubilation, McCarthy decided that

it was time to remind the witness that he was digging a hole for

himself. After marking Lamont’s statement as Exhibit 1, he ordered the

stenographer to “have the record show the only grounds for the refusal

on the part of the witness are the grounds referred to in Exhibit

1; that the witness has said that he is not relying on the Fifth

Amendment.” When Wittenberg pointed out to him that his client had also

objected to the form of the questions, McCarthy brushed him aside.

However, like Lamont, Wittenberg, too, had his flinty side. “But, sir,

you were dictating to the stenographer the reason for the refusal

of the witness, and he should have the full record.” The chairman’s

answer was brief and conclusive: “You may show whatever you like in the

record.”

Then McCarthy returned to Ernest J. Simmons and his _U.S.S.R., a

Concise Handbook_. But Lamont was just as adamant as he had been with

Budenz and Hathaway. As far as he was concerned, “the book speaks for

itself.” This was all the opening an old infighter, who had learned

his trade in the North Woods, needed. “You think the book speaks for

itself whether he [Simmons] was a Communist?,” he asked the witness.

Wittenberg’s somewhat hurried instructions to “decline to answer”

proved to be totally unnecessary since, like all good rhetoricians, the

chairman was determined to answer his own question. He leaned back in

his chair, tugged at his right ear lobe, and solemnly announced: “This

might be the first time today that I would agree with you. I think it

does speak for itself. He uses you and other men named as Communists

almost exclusively.” Lamont, who had been listening politely, hardly

seemed impressed by this revelation.

By the time the five-o’clock shadow on the Senatorial jowls had reached

its hirsute zenith, Lamont had refused to answer some twenty-three

questions, one of which was framed in Russian and was destined to be

lost to posterity because the stenographer’s knowledge of the language

was limited to “Da” and “Nyet.” It was obvious that the witness was

more than prepared for any eventualities. When McCarthy pointed out to

him that “you can make a very good test case, Mr. Lamont,” Thomas W.

Lamont’s middle son replied, with some fervor, “I hope so.”

As the long afternoon drew to a close, Lamont was ordered to come back

at ten o’clock on Monday morning, this time to Room 318 of the Senate

Office Building in Washington. When Wittenberg pleaded a previous

engagement, the time was changed to one p.m. Before the session ended,

McCarthy informed Wittenberg that, while he could not supply him with

a copy of the testimony, he was free to correct any errors in the

transcript when it was ready. As the brief cases were being snapped

closed, the chairman turned to apostate Budenz, whose role as the

silent observer was not his usual one.

Q. Before we go, Mr. Budenz, you have listened to the testimony. Can

you identify this as the man whom you discussed in your testimony

before?

A. Yes, sir.

Q. Good.

No sooner had Lamont and his retinue walked down the courthouse steps

than the Senator closeted himself with the waiting reporters who knew

that a subcommittee rule that “all testimony taken in executive session

shall be kept secret and will not be released for public information

without the approval of a majority of the subcommittee” had never stood

in its chairman’s way before.

Two days later, Irving Like received a call from a member of the

subcommittee’s staff, informing him that there had been a change of

plans and that Dr. Lamont’s appearance on Monday, the twenty-eighth,

would be quite unnecessary. Like stated that his client would show up

in Room 318 of the Senate Office Building at the appointed time unless

the oral adjournment was confirmed in writing. At 2:41 p.m. a telegram

was dispatched from Senator McCarthy’s office, addressed to Corliss

Lamont.

PURSUANT TO CONVERSATION WITH MR. LIKE OF MR. WITTENBERG’S OFFICE

THIS DATE, YOUR APPEARANCE BEFORE THIS SUBCOMMITTEE IN WASHINGTON,

D. C. ON MONDAY, SEPTEMBER 28, 1953, HAS BEEN POSTPONED. HOWEVER, YOU

ARE UNDER CONTINUING SUBPOENA AND BOTH YOU AND YOUR COUNSEL WILL BE

NOTIFIED WHEN YOUR APPEARANCE IS REQUIRED.

JOE McCARTHY, CHAIRMAN SENATE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

OF THE SENATE COMMITTEE ON GOVERNMENT OPERATIONS.

Wittenberg received a similar wire.

At ten a.m. on Monday morning, McCarthy and five members of his staff

marched with measured tread into Room 318. The chairman solemnly called

the committee to order. “We had announced last week that Mr. Corliss

Lamont would be before the committee today, Mr. Lamont has not been

subpoenaed. He was notified that he could come today and purge himself

of the contempt for failure to answer last week.” As his words trailed

off into ether, McCarthy looked around the room and, with a bemused

innocence that would have put Scarpia to shame, asked, “Is Mr. Lamont

here?” The official transcript notes that “There was no response.” With

a grave shake of his head, the chairman ordered Lamont’s testimony made

public “so that the reason for the citation for contempt will be very

clear.”

On October 2nd, Dr. Lamont wrote to the Senator and reminded him that

he was indeed under subpoena on September 28th, and that his appearance

in Washington had been postponed by McCarthy himself. Almost a month

later, he received a brief letter from Frank Carr, informing him that

he had been entirely correct in his earlier communication and that the

transcript of the hearing would be rectified accordingly. The next day,

Lamont addressed another letter to McCarthy, asking how he intended “to

make the record conform to fact and correct the flagrant injustice to

me.” There was no answer.

McCarthy didn’t get around to Lamont’s citation for contempt until

the following July. In between, he had found bigger game. On January

30th, Major Irving Peress, an army dentist, had refused to answer

some questions put to him by the Wisconsin Senator on the ground that

his answers “might tend to incriminate me.” Three days later, Peress

was given an honorable discharge and became, posthaste, the Fort

Sumter of his time. When McCarthy, in a temper tantrum over Peress’

recent promotion to major, told Brigadier General Ralph W. Zwicker,

who had distinguished himself at the Battle of the Bulge, that he

was “a disgrace to the uniform [and] not fit to be an officer,” the

long-simmering conflict between the Senator and the Administration

was in the open. On February 21st, Secretary of the Army Robert T.

Stevens finally screwed up his courage and condemned what he termed

“the humiliating treatment” Zwicker had received, and the White House

followed suit on March 3rd when it announced that no officer was

required “to submit to any kind of personal humiliation when testifying

before Congressional committees or elsewhere.” Indian Charlie’s knee

had found its target at last.

A week later, Stevens released a thirty-four-page report which,

in effect, accused Frank Carr and Roy M. Cohn, the subcommittee’s

chief counsel, of persecuting the Army for its failure to defer or

commission G. David Schine. In retaliation, McCarthy asserted that

Stevens and his generals were holding Schine as a “hostage” in order

to prevent a thorough investigation of the Fort Monmouth personnel.

The net result--thirty-six days of testimony, 187 hours of televised

proceedings, thirty-two witnesses, and 7424 pages of transcript. The

hearings, which were conducted before the temporarily McCarthy-less

Permanent Subcommittee, made Joseph Welch famous, established “point of

order” as a household phrase, cost both Cohn and Carr their jobs, and

started the soybean trader from Appleton on his Retreat from Monmouth.

Although the major charges of both sides went largely unsubstantiated,

it was clear, as a suddenly fearless Stuart Symington told the

two-penny Torquemeda (and a national television audience) that no one

was “afraid of anything about you” anymore. Apparently, Joe Welch

wasn’t the only one who “had never really gauged your cruelty or your

recklessness....” The bubble had, at long last, resoundingly burst.

It was at this ticklish moment in his career that McCarthy urged his

fellow Senators to cite Lamont for contempt. On July 16th, four days

before Cohn’s resignation, he introduced Resolution 281, which asked

the President of the Senate to forward the Lamont case “to the United

States Attorney for the Southern District of New York to the end that

the said Corliss Lamont may be proceeded against in the manner and

form provided by law.” Accompanying the resolution was a carefully

edited version of the Lamont testimony, which omitted any reference to

the affirmation incident or the discussion of the adjournment date.

Apparently, photographs weren’t the only things that could be cropped

if one had a talent for that sort of business.

It wasn’t until August 11th that McCarthy’s resolution reached the top

of the Senate agenda. Nine days earlier, Senator Ralph E. Flanders’

Resolution 301 to censure his Wisconsin colleague had been referred to

a select committee of three Republicans and three Democrats, headed by

Utah’s austere Arthur V. Watkins. This didn’t seem to faze McCarthy,

who blithely informed his brethren that he had received an opinion

from the Attorney General that the matter of Lamont’s recalcitrance

“could well be submitted to the grand jury for indictment.” When New

York’s Lehman let it be known that he intended to object to any summary

treatment of the resolution, McCarthy suddenly remembered that he had

left a “number of witnesses” simmering in the committee room, and

hurriedly left the chamber.

Because of Lehman’s objections, it was not until August 16th that full

debate began on the Lamont citation. The late Senator Langer, with

McCarthy baying at his heels, spread on the pages of the Congressional

Record the complete story of the adjournment of the September

hearing to one o’clock on the afternoon of the following Monday, and

the subsequent telegrams which postponed it until further notice.

McCarthy’s defense was that Lamont had been “told by telephone that

if he wanted to appear and purge himself of contempt, Monday would be

the deadline....” It was simply a case of a refusal to take advantage

of some misguided but well-intended official benevolence. Besides, why

all the furor about this “very wealthy man, not in his own right, but

through inheritance,” who had “done more to damage this nation than

any other man in the country, with the possible exception of Frederick

Field.”

Langer didn’t seem particularly concerned with the size of Lamont’s

bank roll. Observing that the only thing in which he was interested was

“fair play to the witness,” the Senator from North Dakota hammered

home his thesis that McCarthy had been guilty of a gross misstatement

when he had announced on September 28th that “Mr. Lamont has not been

subpoenaed.” Just read the telegrams of September 25th, he urged his

fellows: what could be plainer than the words “You are under continuing

subpoena”? Obviously, there was little a body could say about that and

the Badger State’s junior Senator slipped out the back of the Senate

chamber.

He returned shortly after Langer had yielded the floor to Lehman who

decided to explore McCarthy’s insistence that Lamont explain why he

chose to affirm rather than take an oath. With a fat tongue in a fat

cheek, McCarthy assured the Senators that he was certain that Lehman

was “not doing it at all purposely” when he had misinformed them. The

real truth of the matter was, he told them, that, while a witness had

the right to affirm, he had to state that he had religious scruples

against an oath. This was too much for New Mexico’s Chavez whose Jesuit

law school training had taught him that there was no difference between

swearing and affirming, and that neither had to be explained.

But Lehman’s real argument against the proposed citation had nothing

to do with whether a man took an oath or not. He reminded the Senate

that another case--_United States v. Emspak_--which involved the extent

of Congressional investigating powers, was pending before the Supreme

Court. Since he was certain that its decision would be handed down in

“a reasonable number of months” (it took eight), he saw no reason for

not adjourning the proposed citation for a little while. McCarthy,

who had been pleading with Lehman to yield the floor, could restrain

himself no longer. Why, this man Lamont, he reminded his friend from

New York, has never reformed. “He is the same tool of the Communist

conspiracy.” Did the Senator realize that, as late as May of 1954 the

witness had had the effrontery to attack “every committee that has ever

exposed a Communist from the committee headed by Martin Dies, down to

date?” Such a man was totally unworthy of any Senatorial support.

Just as it looked as if Lehman was getting somewhere, pro-citation

help arrived from an unexpected quarter. Leverett Saltonstall heaved

his lanky bulk out of his chair and persuaded the New Yorker to give

him a moment. He had known Lamont since the latter was ten years old.

He had nothing but respect for his parents and his brothers but, as

for Corliss, he was “different from his brothers,” who were doing very

nicely indeed. The difference, as he explained it, seemed to lie in

the fact that “he is a man who has very firm opinions.” Naturally, the

Senator from Massachusetts thoroughly disagreed with those opinions,

notwithstanding their firmness. In fact, on one occasion, he had come

to blows with Lamont over his unorthodox views. The best thing the

Senate could do “would be to cite him for contempt and let the court

decide on the issues and the facts as we have presented them here

tonight.” The successor to Sam Adams, John Hancock and James Otis had

spoken.

After Wayne Morse had nobly declaimed that “we, as Senators, owe

it to our committees to support them when they come to the floor

of the Senate and make a prima facie case in support of a contempt

citation,” Lehman made his final pitch. He didn’t believe that the

record justified Lamont’s citation. “I very much fear,” he said, “that

very serious results may ensue if we permit the record to remain

unchallenged and merely say that because a committee brings in a

resolution of citation for contempt, the Senate should, in the natural

course of events, vote in favor of such resolution. I regard it as a

very dangerous procedure.”

But, despite a last ditch stand by Langer, Senator Thomas H. Kuchel,

who was presiding, finally put the matter to a vote. The result was

seventy-one yeas and three nays. Only Messrs. Chavez, Langer and Lehman

voted against the citation. On October 14th, a Federal grand jury in

New York, in Indictment No. C 145-216, accused Lamont of refusing to

answer the twenty-three questions that McCarthy had asked him one year

and three weeks before. The next day, the defendant pleaded not guilty

and was released on $1000.00 bail. The gauntlet he had thrown down in

the same courtroom on a sunny fall day in 1953 had at last been picked

up.

But the junior Senator from Wisconsin was hardly in a position to gloat

over his triumph. Three weeks before Lamont’s indictment, the Watkins

Committee had unanimously recommended that the man from Appleton be

censured by his colleagues. In its report, the Select Committee, which

had been handpicked by Vice-President Nixon, stated that McCarthy

had been guilty of contempt of the Senate and had flagrantly abused

General Zwicker. It wasn’t until the beginning of December that the

upper house, by vote of 67 to 22, got around to “condemning” rather

than “censuring” him, mainly for his attack on the Select Committee

itself. Five days later--on the thirteenth anniversary of the Japanese

bombing of Pearl Harbor--“Tail Gunner Joe” retaliated by apologizing to

the American people for supporting Eisenhower in 1952. A man guilty of

such a “shrinking show of weakness” just wasn’t fit to occupy rent-free

government quarters at 1600 Pennsylvania Avenue.

On October 29, 1954, Wittenberg moved to dismiss the indictment against

his client on fifteen grounds, the most important of which were his

claims that no Congressional committee had the constitutional right to

interfere with a private citizen’s First Amendment rights, and that the

Permanent Subcommittee was not authorized to conduct its investigation

of Lamont. Four weeks later, Wittenberg and J. Edward Lumbard, the

United States Attorney, took all day to argue their respective points

before District Judge Edward Weinfield. Then they sat back and waited

for him to make up his mind, a process that was to take two days short

of eight months.

While Weinfield’s meditations were in progress, the _Emspak_ case,

which Lehman had tried to use as a roadblock the preceding August,

was decided by the Supreme Court. In it and a companion case--_Quinn

v. United States_--Chief Justice Warren put a brake on the powers

of Congressional committees. “The power to investigate,” he said,

“... is also subject to recognized limitations. It cannot be used

to inquire into private affairs unrelated to a valid legislative

purpose.” With what many observers believed was a judicial slap at the

suddenly vulnerable gentleman from Wisconsin, Warren let it be known

that the Court would accept nothing less than a rigid adherence to

what he called “minimal procedural standards” as far as legislative

investigating committees were concerned.

On July 27, 1955, Weinfield announced his decision. He agreed with

Wittenberg that, since the indictment did not allege that Lamont’s

refusal to answer the twenty-three questions was wilful, it was fatally

defective. But he refused to rest his opinion on the safe ground of

improperly drawn charges. He found that there was no evidence that the

Permanent Subcommittee ever had the authority to conduct an inquiry of

Lamont--or of other witnesses for that matter. Lastly, even assuming

that McCarthy had the power he claimed, the judge wasn’t convinced that

the Lamont interrogation was within the scope of that power or that

any of the questions were pertinent to an investigation of “Communist

Infiltration into the Army.” One week later, Senator Langer, with the

pious observation that he hoped that “we shall stand fast in following

our conscience and doing what is right, in accordance with the truth,

in any matters which may develop, even though such a course may be

unpopular,” obtained unanimous consent for Weinfield’s opinion to be

printed in the Congressional Record.

But there was still some life left in the prosecution. Paul W.

Williams, Lumbard’s successor, decided to appeal to the United States

Court of Appeals for the Second Circuit, a redoubtable bench that sat

three floors above Weinfield’s courtroom. The arguments were much the

same as they had been in the District Court. The Government insisted

that “wilfullness” was not an element of Lamont’s crime and that it did

not have to allege that the McCarthy subcommittee was “duly empowered”

to hold its hearing. Wittenberg, on the other hand, was content to ride

along with Judge Weinfeld’s interpretation of the law.

... and justice for all · 第 18 / 21 段