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Full text of "Communist legal subversion : the role of the Communist lawyer : report"

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86th Conccross, 1st Session 



Union Calendar No. 12 

House Report Xo. 41 i 



CT 



COMMUNIST LEGAL SUBVERSION 



^^CoJ^^ 



THE ROLE OF THE COMMUNIST LAWYER 




REPORT 

BY THE 

COMMITTEE ON UN-AMERICAN ACTIVITIES 

HOUSE OF REPRESENTATIVES 
EIGHTY-SIXTH CONGRESS 

FIRST SESSION 




FEBRUARY 16, 1959 

(Including Index) 
(Original Release Date) 



February 23, 1959. — Committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 



36911 o 



, UNITED STATES 

GOVERNMENT PRINTING OFP^ICE 

WASHINGTON : 1059 



H- 






i> n s T T n 






-T^v^ 



OCT 19 1562 \ 



COMMITTEE ON UN-AMERICAN ACTIVITIES 
United States House of Representatives 

FRANCIS E. WALTER, Pennsylvania, Chairman 
MORGAN M. MOULDER, Missouri DONALD L. JACKSON, California 

CLYDE DOYLE, California GORDON H. SCHERER, Ohio 

EDWIN E. WILLIS, Louisiana WILLIAM E. MILLER, New York 

WILLIAM M. TUCK, Virginia AUGUST E. JOHANSEN, Michigan 

Richard Arens, Staff Director 



II 



Union Calendar No. 12 

86th Congress ) HOUSE OF EEPEESENTATIVES ( Report 
1st Session j \ No. 41 



COMMUNIST LEGAL SUBVERSION 
The Role of the Communist Lawyer 



February 23, 1959. — Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 



Mr. Walter, from the Committee on Un-American Activities, 

submitted the following 

REPORT 

[Pursuant to H. Res. 7, 86th Cong., 1st sess.] 



Ill 



CONTENTS 



Page 

Int reduction 1 

Lawyers identified as Communists 3 

A Communist 's loyalty versus the lawyer's oath 4 

Communist abuse of the courts 6 

Behavior before congressional committees 9 

National Lawyers Guild 16 

Services to the Communist Party by identified Communist lawyers 17 

Recruitment of fellow lawyers into the Communist Party 18 

Circumventing the law 18 

Espionage and subversion in Government 19 

Lawyers as Communist Party officials 19 

Activities in unions 20 

Leadership in Communist fronts 24 

Candidates for public oflSce 24 

Propagandists for Communist causes 25 

Case histories of some identified Communist lawyers 26 

Conclusion 75 

Index i 

V 



Public Law 601, 79ih Congress 

The legislation under which the House Committee on Un-American 
Activities operates is Public Law 601, 79th Congress [1946], chapter 
753, 2d session, which provides: 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, * * * 

PART 2— RULES OF THE HOUSE OF REPRESENTATIVES 

Rule X 

SEC. 121. STANDING COMMITTEES 

******* 

18. Committee on Un-American Activities, to consist of nine Members. 

Rule XI 

POWERS AND DUTIES OF COMMITTEES 

******* 

(q) (1) Committee on Un-American Activities. 

(A) Un-American activities. 

(2) The Committee on Un-American Activities, as a whole or by subcommit- 
tee, is authorized to make from time to time investigations of (i) the extent, 
character, and objects of un-American propaganda activities in the United States, 
(ii) the diffusion within the United States of subversive and un-American propa- 
ganda that is instigated from foreign countries or of a domestic origin and attacks 
the principle of the form of government as guaranteed by our Constitution, and 
(iii) all other questions in relation thereto that would aid Congress in any necessary 
remedial legislation. 

The Committee on Un-American Activities shall report to the House (or to the 
Clerk of the House if the House is not in session) the results of any such investi- 
gation, together with such recommendations as it deems advisable. 

For the purpose of any such investigation, the Committee on Un-American 
Activities, or any subcommittee thereof, is authorized to sit and act at such 
times and places within the United States, whether or not the House is sitting, 
has recessed, or has adjourned, to hold such hearings, to require the attendance 
of such witnesses and the production of such books, papers, and documents, and 
to take such testiniony, as it deems necessary. Subpenas may be issued under 
the signature of the chairman of the committee or any subcommittee, or by any 
member designated by any such chairman, and may be served by any person 
designated by any such chairman or member. 



Rule XII 

LEGISLATIVE OVERSIGHT BY STANPING COMMITTEES 

Sec. 136. To assist the Congress in appraising the administration of the laws 
and in developing such amendments or related legislation as it may deem neces- 
sary, each standing committee of the Senate and the House of Representatives 
shall exercise continuous watchfulness of the execution by the administrative 
agencies concerned of any laws, the subject matter of which is within the jurisdic- 
tion of such committee; and, for that purpose, shall study all pertinent reports 
and data submitted to the Congress by the agencies in the executive branch of 
the Government. 

VI 



RULES ADOPTED BY THE 86TH CONGRESS 
House Resolution 7, January 7, 1959 

****** 4: 

Rule X 

STANDING COMMITTEES 

1. There shall be elected by the House, at the commencement of each Con- 
gress, 

******* 

(q) Committee on Un-American Activities, to consist of nine Members. 

******* 

Rule XI 

POWERS AND DUTIES OF COMMITTEES 

******* 

18. Committee on Un-American Activities. 

(a) Un-American activities. 

(b) The Committee on Un-American Activities, as a whole or by subcommittee, 
is authorized to make from time to time investigations of (1) the extent, char- 
acter, and objects of un-American propaganda activities in the United States, 
(2) the diffusion within the United States of subversive and un-American prop- 
aganda that is instigated from foreign countries or of a domestic origin and 
attacks the principle of the form of government as guaranteed by our Constitu- 
tion, and (3) all other questions in relation thereto that would aid Congress 
in any necessary remedial legislation. 

The Committee on Un-American Activities shall report to the House (or to the 
Clerk of the House if the House is not in session) the results of any such investi- 
gation, together with such recommendations as it deems advisable. 

For the purpose of any such investigation, the Committee on Un-American 
Activities, or any subcommittee thereof, is authorized to sit and act at such times 
and places within the United States, whether or not the House is sitting, has 
recessed, or has adjourned, to hold such hearings, to require the attendance 
of such witnesses and the production of such books, papers, and documents, and 
to take such testmiony, as it deems necessary. Subpenas may be issued under 
the signature of the chairman of the committee or any subcommittee, or by any 
member designated by any such chairman,^ and may be served by any person 
designated by any such chairman or member. 

******* 

26. To assist the House in appraising the administration of the laws and in 
developing such amendments or related legislation as it may deem necessary, 
each standing committee of the House shall exercise continuous watchfulness 
of the execution by the administrative agencies concerned of any laws, the subject 
matter of which is within the jurisdiction of such committee; and, for that 
purpose, shall study all pertinent reports and data submitted to the House by 
the agencies in the executive branch of the Government. 

VII 



"The proletariat must gather and organize those lawyers and 
learned barristers in various countries who sympathize with the 
liberation struggle and are prepared, together with the legal 
bureau of the IRA, to assist and give legal help to the victims of 
the class domination of the bourgeoisie * * *. 

"To organize legal bureaus in every country where they do 
not yet exist and where this is possible, in particular in England, 
the U. S. A. and Japan * * *. 

"To strive to enlarge the number of lawyers who take part in 

this work by attracting more and more new cadres of lawyers^jid 

jurists who can be stimulated by their own interests and their 

sympathy with the revolution to gather around the IRA legal 

bureau." 

(The above directive was issued by the International Red Aid (IRA) at 
its Second International Conference (Moscow, 1927). The International 
Red Aid was established by the Comintern in 1922 for the purpose of 
providing organizations of lawyers for the legal defense of Communists 
and Communist causes in all parts of the world. ) 



VIII 



COMMUNIST LEGAL SUBVERSION 
The Role of the Communist Lawyer 



INTRODUCTION 

Hearings and investigations conducted by the Committee on Un- 
American Activities in the course of the hist few years have produced 
a massive array of facts regarding efforts directed at the perversion 
of our democratic processes of government by the Communist con- 
spiracy in the United States. 

On the basis of these facts, tlie committee issued the report entitled 
"Communist Political Subversion" ^ on August 16, 1957. The com- 
mittee described therein the Communist Party's campaign, through 
the instrumentality of several hundred party-created organizations, 
to sinuilate a "grass roots" pressure on Federal and local govern- 
ments for the purpose of nullifying our Xation's security programs. 

A subsequent committee report, published on November 8, 1957, 
under the title ''Operation Abolition," outlined additional organized 
efforts to undermine the security programs of our Government, to 
hamper the effectiveness of the Committee on Un-American Activities 
and to discredit the Federal Bureau of Investigation and its director, 
J. Edgar Hoover. 

The committee is issuing the present report as a result of substantial 
evidence that the Communists, over the course of the past several 
decades, have sought and are seeking to pervert our democratic proc- 
esses not only by their campaign of political subversion but by a 
parallel operation which may be designated as "legal subversion.'' 
This operation involves subversion by Communists trained in the law. 

The mechanics of legal subversion extend far beyond any legitimate 
process of legal representation. They embrace the efforts of a con- 
spiratorial minority, trained in the use of the legal instruments of our 
society, to turn those instruments into weapons for the destruction of 
our free society. 

While relatively few in number, the principals in this operation 
enjoy a far disproportionate influence in the American community as 
a result of a combination of legal training, schooling in Communist 
subversive techniques and the fact that they have behind them the 
entire Communist apparatus and are made the subjects of favorable 
publicity build-ups on the part of the Communist Party, its fronts 
and fellow travelers in all walks of life. 

The locus operandi of the Communist lawyer has ranged from the 
Communist Party and its myriad front groups and enterprises to the 



^ See Comnuinist Political Siil)version, Hearings and Appendix, November and Deceniher 
1956 (pts. 1 and 2), and H. Rept. No. 1182, August 16, 1957. 

36911 0—58 2 1 



2 COMMUNIST LEGAL SUBVERSION 

most respected institutions of our Republic. The record will show, 
for example, that Communist lawyers have not only been in the fore- 
front of the party's own organizational apparatus and of particular 
party projects such as the campaign of political subversion, but that 
they have also promoted the Communist cause in the courts, the 
Congress, and executive agencies of our Government. 

From the scope and nature of their activities, it is evident that 
Communist lawyers rank as part of an elite corps within the Com- 
munist fifth colunni on American soil. 

The Committee on Un-American Activities has never investigated 
the legal profession or any other professional group as such. Legis- 
lative mandates require, however, that this committee and, in turn, 
the Congress, be informed of the constantly changing strategy and 
tactics of the Communist conspiracy in this country as preparation 
for the enactment of remedial security legislation when the exigencies 
of the situation demand it. 

In keeping with these mandates, the committee has investigated the 
conspiracy in whatever sphere its agents have been found operating. 
The committee has discovered as a result of these investigations that 
the Connnunist program of subversion in this Nation is so broad in 
scope that most segments of our society have been its targets. Hear- 
ings have disclosed, for example, the operations of Communist agents 
within our Federal Government, our trade unions, and local com- 
munity organizations, as well as within numerous professional group- 
ings such as lawyers, doctors, educators, and scientists. 

In this report, the committee has extracted from its past investiga- 
tions and hearings some of the information it has received regarding 
the aims and activities of Communists admitted to the practice of law. 
Despite the fact that the information was obtained incidentally in the 
course of investigations into broader aspects of the Communist con- 
spiracy, the committee believes this evidence is justification for con- 
cern by those, both within and without the legal profession, who would 
preserve our democratic institutions and processes. Therefore, it was 
decided to publish this report. 

How can a lawyer maintain his oath to uphold and defend the Con- 
stitution of the United States when he is an agent of a conspiratorial 
apparatus designed to destroy the Constitution ? 

How can a lawyer carry out his duty to serve the interests of a client 
if he is under Communist discipline which subordinates professional 
loyalties to the interests of the Connnunist Party ^ 

How can a lawyer meet the high standard of ethics and conduct, 
historically re({uired of members of the bar, if he exploits the know- 
how and prestige of his profession in behalf of Communist propa- 
ganda, subversion, and espionage ? 

The committee cites facts which shed light on these and other ques- 
tions in the following report in the belief that reliable data on a vital 
problem is the first step toward its eventual solution. It is encourag- 
ing to note that many loyal members of the bar have long demon- 
strated concern about Connnunist lawyers. The American Bar Asso- 
ciation, for example, established a Special Committee on Connnunist 
Tactics, Strategy and Objectives in 1950. As a result of its com- 
mittee's studies, the Association has adopted a number of recom- 
mendations directly relating to communism and Communist lawyers. 



COMMUNIST LEGAL SUBVERSION 3 

Among the measures urged by the Association is the disbarment of 
lawyers who are found to be members of the Communist Party or who 
invoke the fifth amendment regarding party membership. 

The ramifications of legal subversion are such, however, that the 
problem demands innnediate and serious consideration not only by 
the overwhelming majority of patriotic lawyers in our country but 
by the Congress and the citizenry at large. 

LAWYERS IDENTIFIED AS COMMUNISTS 

Committee investigations and hearings over the years have stripped 
the cloak of secrecy from Communist conspirators operating in many 
diverse groupings of American society. Organized Communist activi- 
ties centered in various cities of the Ignited States, or around key 
Communist targets such as the Government, labor unions, basic indus- 
tries, and educational and cultural institutions formed the scope 
of manv committee hearings. 

In the course of these hearings, which it has held throughout the 
country, the committee has repeatedly received evidence that certain 
members of the conspiratorial Communist operation were masquerad- 
ing as respected members of the legal profession. 

In the decade from 1947 through 1957, for example, more than 100 
of the individuals identified as members of the Communist Party by 
former Conununists testifying before this committee have also been 
identified as members of the bar. 

Most of these lawyers have appeared as witnesses before this com- 
mittee or other congressional committees. Approximately a dozen 
of them informed this committee that they were no longer part of 
the conspiracy and presented valuable testimony regarding their past 
activities as lawyers in the party. However, no less than 67 other 
lawyers have refused to answer questions of this committee or other 
congressional committees regarding their membership or activities 
in the Communist Party, despite the existence of sworn testimony 
regarding their affiliation with the conspiracy. All but four of these 
lawyers invoked the protection of the fifth amendment against self- 
incrimination in refusing to respond to questioning. 

These lawyers represent only a fraction of the total number of in- 
dividuals engaged in the practice of law in the United States. The 
fact that a relatively ;-:mall number of Conununists have attained 
status in the legal profession should not be construed as a reflection on 
the overwhelming majority of the legal profession, in whose loyalty 
and patriotism tlie committee has the highest confidence. 

On the other hand, the fact that more than 100 Comnuniist lawyers 
have been identified in sworn public testimony before the committee 
must not be construed as a complete picture of Communist legal sub- 
version. The connnittee emphasizes again that its information on the 
subject was obtained incidentally in the course of its public hearings on 
broad-scale Comnuniist operations in this country. The factual 
material upon which this re})ort is based does not include infonnation 
on Comnuniist lawyers who have not been publicly identified, nor on 
lawvers who are not actual partv members for ''security" or other 
reasons but who nevertheless unswervingly support the Communist 
Party and its program. Nor does this report attempt to exhaust in- 

30774 O — 59 2 



4 COMMUNIST LEGAL SUBVERSION 

formation on the subject which may be available as a result of hearings 
by other committees of the United States Congress, various State 
investigating committees, and governmental agencies such as the Sub- 
versive Activities Control Board, or information obtained as a result 
of testimony in the numerous Smith Act trials. 

The fact that identified Communist lawyers are very much in a 
minority does not alter the seriousness of the situation whereby agents 
of the Communist Party, by gaining entry into the legal profession, 
are in a unique position to serve as instruments for those who would 
pervert the very democratic processes a lawyer is sworn to defend. 

Under the mantle of the legal profession, the Communist can 
operate as an ostensibly respectable and influential member of the com- 
munity despite his dedication and subservience to Communist doc- 
trines and directives. 

The frequency of their appearances before our most important and 
highly respected democratic institutions is evidence of the prominence 
attained by Communists who have been admitted to the bar. They 
appear not only before congressional committees but, because of their 
highly respected profession, are given free access to executive agencies, 
such as the Immigration and Naturalization Service, and to the State 
and Federal courts, including our highest tribunal — the United States 
Supreme Court. 

In the past decade alone, identified Communist lawyers appeared in 
person before the United States Supreme Court or were on the princi- 
pal brief in at least 32 important cases adjudicated by the Court on 
some vital issue affecting the operations of the Communist Party 
itself. 

This report must not be construed as a reflection on the right and 
privilege of legal representation for Communists. The cherished 
American concept of the right to counsel must never be denied even to 
Communist conspirators who would render such concepts meaning- 
less if their efforts to subvert our Government were to succeed.^ 

A COMMUNIST'S LOYALTY VERSUS THE LAWYER'S 

OATH 

A Communist owes his primary loyalty to an international revolu- 
tionary conspiracy, masterminded in Moscow toward the goal of 
complete enslavement of the earth's people. By subordinating him- 
self to this conspiracy, a lawyer becomes part and parcel of an opera- 
tion designed to abolish our constitutional form of government and its 



^ The Rules of Procedure of the Committee on Un-American Activities, a printed copy of 
which is furnished to all witnesses, require that "At every hearing, public or executive, 
every witness shall be accorded the privilege of having counsel of his own choosing." Wit- 
nesses who appear at committee hearings without legal representation are asked if they 
have deliberately chosen to testify without benefit of counsel. 

When such witnesses indicate they desire counsel but are unable to obtain it, the com- 
mittee postpones interrogation of the individual and contacts local bar associations or legal 
aid societies in order to insure that the witness has the benefit of legal advice. 

As examples, the committee cites the appearances of Stanley William Henrickson before 
the committee in Seattle, Wash., June 16, 1954, and the appearance of William Matthews 
in Atlanta, Ga., in July 1958. Mr. Henrickson, an identified member of the Communist 
underground organization in Washington State, invoked the fifth amendment as a witness 
before the committee. He was accompanied by Michael K. Copass, president of the Seattle 
Bar Association, wlio represented Mr. Henrickson without compensation after the com- 
mittee had solicited the l)ar association for legal assistance for Mr. Henrickson. In 
connection with the appearance of William Matthews before the committee in Atlanta, 
Ga., in July 1958, the committee solicited and obtained legal assistance for the witness 
from the local Legal Aid Society. 



COMMUNIST LEGAL SUBVERSION 5 

guaranties of equal justice under the law in favor of a slave-state 
existence. 

A Communist operates under an iron discipline which places his 
party's subversive purposes above even professional and personal loy- 
alties. No Communist, therefore, can in good faith take the oath, 
administered to all members of the bar, to uphold and defend the 
Constitution of the United States. No Communist can qualify for 
the trust imposed upon a lawyer "to devote his ability, skill, and 
diligence along ethical and professional lines to the interests of his 
client, and to refrain from entering into any alliance or incurring any 
obligation connected with the litigation in which he is engaged as 
counsel that would place him in a position where his pereonal interests 
would be adverse to those of his client." ^ 

A member of the bar is considered an officer of the court. In a 
sense, he is also an officer of the State, with an obligation to the public. 
He plays a role that is indispensable to the very system of the adminis- 
tration of justice, and as a result has a solemn duty to assist the court 
in keeping legal proceedings dignified, orderly, impersonal, and free 
from issues aside from the merits of a case. With their loyalties else- 
where, (^ommunists cannot be counted upon to carry out such import- 
ant responsibilities. 

The anomaly of a Communist lawyer is further pointed up by the 
fact that the prerequisites for admission to the bar include not only 
adequate training in the techniques of the law but also good moral 
character. A member of a conspiracy, dedicated to a course of deceit, 
subversion, and even violence, obtains and holds membership in the 
legal profession in ^ross violation of the bar's character requirements. 

That a Communist lawyer's first allegiance is to the party itself 
was demonstrated by the testimony of a group of Los Angeles lawyers 
who had quit the party in disillusionment in the late 1940's, and later 
described their party experiences to this committee.* 

Most of these lawyers had been recruited into the Communist Party 
after other lawyers already in it had induced them to attend in- 
formal "legal" discussion groups where they were gradually exposed 
to Marxist views. When they actually joined the party the new 
recruits were placed in a special lawyers' group whose membership 
was kept secret. There they received intensive indoctrination aimed 
at guiding their thinking along accepted Communist Party lines. 
Communist lawyers, the witnesses declared, were not allowed to dis- 
agree with party theory and policies. Those who differ "either 
change their minds and think right, or else they get out," accord- 
ing to David Aaron, a lawyer and former Communist who, since 
breaking with the party, has rendered outstanding service by revealing 
tlie machinations of Connnunist lawyers. 

Mr. Aaron stated that the lawyers who were "Communists in the 
true sense of the word" were those who "feel that the most important 
thing is the aims of the party." A. Marburg Yerkes, another lawyer 
who broke with the party, related that he found his concern for high 
ideals was being submerged by concern for the Connnunist Party as 
such. Still another former member of the Los Angeles Communist 



37 Corpus Juris Secundum 708. 

* Testimony of David Aaron and Albert >I. Herzig. .January 23, 1952 ; A. Marburg Yerkes, 
January 24, 1952; and William G. Israel, January 25, 1952. 



6 COMMUNIST LEGAL SUBVERSION 

lawyers' group, William G. Israel, testified that he quit the party group 
because "in 1947 it became perfectly obvious that to remain a member 
of the Communist Party was to be an absolutely disloyal American." 

COMMUNIST ABUSE OF THE COURTS 

The Communist Party attitude toward our courts was frankly stated 
in a pamphlet instructing the party faithful on the behavior they were 
to adopt in the event of arrest and trial. The pamphlet bluntly re- 
quired them to "bring the class struggle into the courtroom." The 
"dignity" and "sanctity" of the courts, according to this pamphlet, are 
merely "a means of paralyzing the struggling of the workers against 
capitalist institutions." 

These instructions further declare : 

The class struggle goes on in the courtroom as well as it does 
on the picket line, in the shops, and in the mines. The worker 
must learn to carry into the courtroom the same determined mili- 
tancy that brought him there. 

The worker must also understand that courts are not impartial, 
any more than any other agency of capitalist government is im- 
partial. Those who drag the worker into court do so because they 
know that the court will serve the bosses and not the worker. 

To summarize the point : the workers must see through the sham 
and ceremony, and recognize the capitalist court as a class enemy — 
as a weapon in the bosses' hands, with which to suppress work- 
ers' militancy. The worker must train himself to bring the class 
struggle into the courtroom into which he was dragged by the 
bosses' servants.^ 
Another Communist pamphlet told party members that they must 
use trials of Communists as a means of attacking capitalism and pro- 
moting the revolution : 

A Communist must utilize a political trial to help on the revolu- 
tionary struggle. Our tactics in the public proceedings of the 
law courts are not tactics of defense but of attack. Without cling- 
ing to legal formalities, the Communist must use the trial as a 
means of bringing his indictments against the dominant capitalist 
regime and of courageously voicing the views of his party." 
The application of these Communist principles to an American 
court trial was observed as far back as 1929 in the notorious Gastonia 
case. 

In this case, seven defendants were convicted of second-degree mur- 
der as a result of the death of a Gastonia, N. C, police chief during a 
violent Communist-directed strike of textile workers in the area. The 
conviction marked the conclusion of two trials held in Charlotte, N. C, 
between August 26 and October 21, 1929, in a blaze of nationwide 
publicity capitalized on by the (^omnuniist Party. 

Many years later, Fred E. Beal, one of the defendants who was also 
a Communist, and Liston Oak, a Communist functionary on the scene, 
appeared as witnesses before this committee. Both men had left the 



^ Under Arrest ! Workers' Self-defense in the Courts, International Labor Defense, 
pp. 6 and 7. 

* Johannes Buchner, The Agent Provocateur in the Labour Movement, New York : 
Workers Library Publishers, early 1930's pp. 51 and 52. 



COMMUNIST LEGAL SUBVERSION 7 

Communist Party in disillusionment. They revealed to the committee 
that the Communist Party had gone all-out in an effort to induce 
defense counsel to follow a "class struggle" line in the Gastonia trials 
and to utilize the courtroom for Communist propaganda purposes. 

Among those sent by the party to the area to accomplish this objec- 
tive was Leon Josephson, a. Communist lawyer from New Jersey, w^ho 
operated as the party's legal representative. Although Josephson 
did not take part in the actual trial proceedings, he attempted to 
influence the defense counsel and, in interviews with the imprisoned 
defendants, sought to instruct them on their testimony in the event 
they should be called to the witness stand. 

Mr. Beal stated that the Communist Party was more interested in 
creating a propaganda forum and making a show for Moscow than 
in obtaining the defendants' acquittal. The party succeeded in get- 
ting one of its representatives from New York on the witness stand. 
This party agent thereupon introduced into the trial Communist prop- 
aganda speeches having no relation to the defense of the case and 
actually prejudicial to the defendants. Such tactics, accompanied by 
Communist agitation in the community, hampered the case for the 
defense to such an extent that Mr. Beal in retrospect was convinced 
the Communist Party was chiefly responsible for the defendants' 
conviction. 

A former judge who was chief counsel for the defense resigned 
from the case as a result of such Communist efforts to make a mockery 
of the trial. A non-Communist lawyer from Charlotte, N. C, who 
eventually replaced him, subsequently confirmed Mr. Beal's version 
of the case in a communication to the committee. This lawyer told 
the committee : 

All of the bigwigs of the American branch of the Communist 
Party were on hand for the trials. They did everything they 
could to interfere with the proper defense of the accused, and 
tried constantly to embarrass the court. 

When the solicitor for the State, in the second trial of the case, 
announced that he would not ask for conviction on the capital 
charge, but would reduce the charge to murder in the second 
degree the Communist leaders insisted that I protest the reduc- 
tion and that I "demand" that the defendants be tried for their 
lives. They made no secret of the fact that they would like to 
see them sentenced to death, for that, the leaders said, would give 
them "more mass space," and enable them to push their cause with 
more effectiveness. During the trial of the case they tried to 
tamper with State witnesses, tried to get our own witnesses to 
swear to all sorts of lies, and constantly tried to dictate to defense 
lawyers. By the time the case had ended the Communists hated 
me about as much as they did the attorneys for the prosecution, 
and largely because the prisoners were not sentenced to the electric 
chair. The whole ugly affair seems almost like a nightmare. 
The behavior of defense counsel in the Smith Act trial of the 11 
top Communist Party officials in New York in 1949 was in complete 
accord with the Communist Party courtroom strategy outlined 
above. 

Throughout the 7-month trial of the Communist leaders charged 
with conspiracy to advocate forceful overthrow of the United States 
Government, a group of defense lawyers indulged in a spectacular 



8 COMMUNIST LEGAL SUBVERSION 

display of abusive and disruptive conduct. These lawyers, it became 
apparent, were determined to break up the legal proceedings by any 
means and to introduce Communist propaganda at every opening 
as long as the trial should continue." In pursuing these tactics, coun- 
sel were observed to pass up actual opportunities to benefit their 
clients' case. Presiding Judge Harold Medina declared at one point 
in the trial that "The amount of disorder and contemptuous behavior 
I have witnessed here is beyond anything I could have thought possi- 
ble in an American court." 

At the conclusion of the trial, Judge Medina meted out jail sen- 
tences for criminal contempt of court to six defense counsel. He 
charged them with "a deliberate and willful attack upon the adminis- 
tration of justice, an attempt to sabotage the functioning of the Fed- 
eral judicial system and misconduct of so grave a character as to make 
the mere imposition of a fine a futile gesture and a wholly insufficient 
punishment." ^ 

Judge Jerome Frank, in a concurring opinion in the United States 
Court of Appeals, Second Circuit, decision which upheld the con- 
tempt sentences against the defense counsel, said : 

* * * We affirm the orders punishing these lawyers * * * be- 
cause of the lawyers' outrageous conduct — conduct of a kind 
which no lawyer owes his client, which camiot ever be justified, 
and which was never employed by those advocates, for minorities 
or for the unpopular, whose courage has made lawyerdom proud. 
The acts of the lawyers for the defendants in this trial can make 
no sensible man proud. 

What they did was like assaulting the pilot of an aeroplane in 
flight or turning out the lights during a surgical operation. To 
use homelier words, they tried to throw a wrench in the ma- 
chinery of justice. Whatever may have been their purpose, their 
acts might have made a trial of Iheir clients impossible.^ 
Among those sentenced for contemptuous conduct was Eugene 
Dennis, general secretary of the Communist Party, U. S. A., who 
was a defendant in the trial. Although not a lawyer, Dennis had 
served as his own counsel. Three of the remaining defense counsel 
sentenced by Judge Medina — Harry Sacher, Richard Gladstein, and 
Abraham J. Isserman — are active practitioners of the law who have 
been identified by witnesses before this committee as members of the 
Communist Party. 

At the time of this contemptuous behavior by defense counsel in the 
New York Smith Act trial, A. Marburg Yerkes was still a member of a 
Communist Party lawyers' group in Los Angeles. Mr. Yerkes sub- 
sequently told this committee that he was profoundly disturbed by the 
conduct of the lawyers in the New York trial and that he tried to raise 



' Hawthorne Daniel, "Judge Medina, A Biography," New York : Wilfred Funk, Inc., 1952, 
pp. 230, 231, 265, 288, and 289. 

8 Ibid. 

9 182 F. 2d 416. 



COMMUNIST LEGAL SUBVERSION 9 

questions about it with other Communist lawyers in his group. Mr. 
Yerkes received no answer and shortly thereafter left the Connnunist 
Party in disgust with its policies and methods. 

The American Bar Association's Special Committee on C^ommunist 
Tactics, Strategy and Objectives expressed concern that conduct such 
as that engaged \u by defense counsel in the aforementioned Smith Act 
trial ''might well bring down the wrath of the American people upon 
the legal profession, and if permitted to continue would tend to make 
the Bar generally the object of scorn, derision and contempt of the 
American citizen." ^° 

The Attorney General of the United States warned in 1953 that the 
inculcation of Americans with a contemptuous attitude toward our 
judicial process is exactly what the Communist Party seeks to achieve : 
Higli on their [the Communists'] list of objectives is a pro- 
gram designed to instill in our citizens contempt for our judicial 
process. They know that our court system, which is fair and im- 
partial, is one of the strongest bulwarks of democracy. Conse- 
quently, as we expose their members for what they are, and try 
them for their crimes, they have used every device available in an 
attempt to turn our judicial process into a "three-ring circus" in 
order to bring it into disrepute. 

Unfortunately, they have been partially successful in this 
program. * * * ^ 

BEHAVIOR BEFORE CONGRESSIONAL COMMITTEES 

The Communist Party's position regarding congressional commit- 
tees investigating subversion is well documented. The party has con- 
tinuously propagandized against the very existence of such committees. 
It has also instructed its members who are subpenaed to appear as 
witnesses before these committees to refuse to furnish any informa- 
tion on Communist activities. Former Communists have testified 
that, in order to insure complete resistance to congressional commit- 
tees. Communist lawyers are often assigned to Communists who have 
been subpenaed.^^ 

In appearances before this committee as counsel to uncooperative 
witnesses, many identified Communist lawyers have furthermore vio- 
lated the ethical standards of the bar by a display of contemptuous and 
abusive behavior. The committee on occasion has had to have such 
counsel escorted from its presence in order to enable a hearing to 
proceed. 



'« Report of the Special Committee on Communist Tactics, Strategy and Objectives, Amer- 
ican Bar Association, February 27. 1951. 

'1 Speech of Attorney General Herbert Brownell, Jr., delivered before the National Con- 
ference on Citizenship, Washington, D. C, September 19, 195.'?. 

" See testimonv before House Committee on Un-American Activities by Matthew Cvetic, 
February 22, 1950, and William A. Wallace, May 23, 1956. 



36911 0—58- 



10 COMMUNIST LEGAL SUBVERSION 

Witnesses, represented by identified Communist lawyers, have also 
frequently engaged in disorderly and disruptive tactics, apparently 
with the knowledge and approval of their counsel. That much of 
this behavior was part of a prearranged Communist Party strategy 
has been revealed in the testimony of former Communists. 

Mrs. Anita Schneider,^^ a former FBI undercover agent within 
the Communist Party, described how Communist lawyers provided 
witnesses under subpena with abusive speeches to memorize and use 
when they appeared as witnesses: 

Mr. Arens. In their appearance before various congressional 
committees, are the comrades given a little briefing before they 
appear as to what they are to say ? 
Mrs. Schneider. They certainly are. 

Mr. Arens. Can you give us any firsthand observations on that ? 
Mrs. Schneider. Yes, I can. On one occasion while I was still 
in the Communist Party — in April 1954, I believe — the House 
Committee on Un-American Activities had hearings in San Diego. 
Many of our local Communist Party people had been subpenaed 
to appear. * * * 

I was shown a long sheet of nasty remarks that David and 
Miriam Starcevic were given with orders to memorize them before 
they went on the witness stand so that no matter what they were 
asked they had a nasty answer to give. And if you will consult the 
transcript, you will see that the nasty answers didn't at all fit 
the questions. But, no matter what they were asked, they had an 
answ^er to give, a nasty one.^* 

Mr. Doyle. By whom were you shown that list of nasty 
answers ? 

Mrs. Schneider. By David Starcevic * * * who is a member 
of the Communist Party in San Diego. * * * 

Mr. Scherer. Do you know of any cases other than the one you 
related about the list given to the Starcevics where attorneys have 
told witnesses who were to be called before this committee what 
to say ? Any specific examples ? 

Mrs. Schneider. In each case when the Un-American Activities 
Committee was going to have hearings the Communist Party at- 
torneys would coach the witnesses very carefully beforehand — 
exactly what to say and what not to say. 



" Hearings on Communist Political Subversion, House Committee on Un-American Activi- 
ties, December 7, 1956, Los Angeles, Calif., pp. 6727, 6728, and 6734. 

^ David and Miriam Starcevic, accompanied by identified Communist attorney, Ben 
Margolis, appeared as witnesses before the Committee on Un-American Activities on April 
21, 1954. They conducted themselves in such an obstreperous manner that the committee 
decided to forego extensive questioning. 



COMMUNIST LEGAL SUBVERSION 11 

Mr. ScHERER. To the extent of baiting the committee? 
Mrs, ScHXEiDER. Certainly. That was the main emphasis on 
their testimony. They were carefully coached on exactly how to 
make the committee the angriest. 

Mr. ScHERER. We have had testimony in other cities from indi- 
viduals like yourself that that has been the universal practice by 
Communist lawyers, to coach witnesses how to bait the committee, 
although under the rules of the committee and as attorneys, they 
are not supposed to tell witnesses what to say. They are merely 
supposed to advise them as to their legal and constitutional rights 
with reference to answering questions that might be asked. 
It has been repeatedly demonstrated that Communist publications 
in the United States serve as organs for the transmission of direc- 
tives to party members. It is therefore pertinent to observe that the 
Communist press has consistently given prominence to the abusive 
behavior of identified Communists appearing as witnesses before 
congressional committees. 

For example, the Daily People's World, West Coast Communist 
newspaper which functions as a transmission belt for directives to 
party members in that area, played up the appearance before the com- 
mittee on April 21, 1954, of the Starcevics and similarly uncoopera- 
tive witnesses under the headline "Seven San Diegans Flay Un-Ameri- 
cans War Aims." The Starcevics and other identified Communists 
who refused to answer committee questions were hailed in the Com- 
munist newspaper for their "fighting, challenging statements" to the 
committee. The party publication quoted generously from these 
"statements" which, it stated, the chairman of the committee would 
not permit the witnesses to read during the course of their testimony. 
What the Communist newspaper failed to mention was that the state- 
ments were so abusive and so irrelevant to the investigation that 
committee rules prevented their introcTuction into the record. 

Among the "statements" quoted by the Daily People's World was 
one prepared for delivery by La Verne Lym, former San Diegan 
and identified Communist, which charged that the committee's hear- 
ings on Communist activities in the San Diego area were actually 
timed to coincide with a Government effort to "silence the cry for 
peace in the world" and to stop resistance to the involvement of our 
country in "military adventures." 

Another tirade quoted in the Communist newspaper came from 
Phillip Usquiano, an identified Communist of San Diego, and con- 
tained such remarks as : 

This committee is creating hysteria in San Diego by bringing 
in here those who have sold their birthright for 30 pieces of 
silver, by recalling the dead from their graves. 

I accuse this committee of undermining the Constitution of the 
United States and I refuse to cooperate with it.^^ 



« Dally People's World, April 23, 1954, p. 6. 



12 



COMMUNIST LEGAL SUBVERSION 



The following exhibits indicate the support given by the Communist 
press to the disruptive tactics of Communist lawyers in appearances 
before congressional committees : 



"^PEOPLE'S&SwOBL D 



•«tM^ m Wiw n M»w Nmmv Mik ■•. 



■V ««» 






ftict Fi«« CtmH 



Un'Amerkans 
face rout in LA 



tf CHA«l« aiNN $mi fMILI^ Jit -^"J 
tOS ANCftSS Oct » — Aim ^^t"- " Z--' '"" 



Jrit* 






^^^ -:<:-: 













^"/rJk 



COMMUNIST LEGAL SUBVERSION 



13 




14 COMMUNIST LEGAL SUBVERSION 

In an appearance before this committee in Washington, D. C, on 
June 12, 1956, Paul Robeson bombarded its members with contemptu- 
ous speeches which contrasted strangely with his adamant refusal to 
answer any committee questions regarding his Communist Party activ- 
ities. The Communist Daily Worker thereafter gave Robeson front- 
page publicity for what it called his protest against this committee's 
"attempt to shut up every Negro who wants to talk for his people." 
As the Daily Worker reported it : 

During the tumultuous hour that the hearing lasted, Robeson 
condemned the witchhunting by the committee, contrasted Presi- 
dent Eisenhower's moves for peace with the committee's activities 
and declared emphatically his intention of continuing to fight for 
equal rights for Negro people. 

Although the committee chairman and other members repeat- 
edly tried to restrict him to the rigged question routine, Robeson's 
voice, sometimes angry, sometimes somber, sometimes chuckling, 
overwhelmed their heckling * * *.''' 
Robeson's actions and expressions in behalf of international com- 
munism are always extolled by the Communist press as representing 
the true position of all American Negroes. At the World Peace Con- 
ference held 4n Paris in April of 1949, Robeson again presumed to 
speak for all Negroes. Thomas W. Young, a prominent Negro 



" Daily Worker, June 13, 1956, pp. 1 and 8. 



COMMUNIST LEGAL SUBVERSION 15 

leader of Norfolk, Virginia, and general manager of the Guide Pub- 
lishing Company, Inc., had the following to say about Robeson's state- 
ment in Paris : 

What basis, if any, is there for believing Paul Robeson when 
he says that in the event of a war with Russia the Negro would 
not tight for his country against the Soviets? * * * 

Two things can be pointed out to discredit that statement. In 
the first place, Mr. Robeson is now so far out of touch with the 
Negro's thinking and his everyday emotions that he can no longer 
speak authoritatively about or for the race. His distant travels 
and his latterday preoccupations with the affaire of the Soviets 
have broken the bond he once held with the Negro mind. He 
has so completely removed himself from the intimate affairs of 
the Negro group in America that he no longer has the opportu- 
nity to know nor the authority to speak about the aims and aspira- 
tions and resolutions of this group. 

The plain truth about the matter is that in his Paris declara- 
tion Mr. Robeson has done a great disservice to his race — far 
. greater .than that done to his country. And if Mr. Robeson does 
not i-ecognize the injury he has done to tlie cause of the Negro 
in this country, then that underscores his disqualification as a 
representative of the race. And if he does not recognize the 
injury he has done, he must also be cognizant of the extent of his 
betrayal of his race in the interest of the new cause to which he 
now devotes himself. * * * i^ 



^' Hearings before Committee on Un-American Activities Regarding Communist Infiltra- 
tion of Minority Groups — Pt. 1, pp. 453 and 454, testimony of Thomas W. Young, July 13, 
1949. 



16 COMMUNIST LEGAL SUBVERSION 

NATIONAL LAWYERS GUILD 

An important focal point in the Communist campaign of legal 
subversion is the National Lawyers Guild, which has been operating 
on the American scene for more than 20 years as an alleged nation- 
wide organization for "liberal" lawyers concerned with human rights 
in general and civil liberties in particular. 

This committee, in a special 50-page report on the guild in 1950, 
found the organization was in fact an "appendage to the Communist 
Party." Its proclaimed "benevolent" purposes were designed to lure 
non-Communist lawyers into the organization, where they would be- 
come subject to Communist influence and would wittingly or un- 
wittingly serve Communist objectives. In its day-to-day operations, 
the guild served as a "legal" bulwark of the Communist Party, inter- 
vening in legal proceedings in behalf of Communist defendants and 
lobbying against executive and legislative programs which would curb 
the etrectiveness of the Communist conspiracy in this country.^* 

The first executive secretary of the guild, Mortimer Riemer, who 
was also a member of the Communist Party at the time, has described 
in sworn testimony before this committee how he and other Com- 
munist lawyers worked to organize the guild in 1936. Not only were 
the organizational details arranged by Communist lawyers, but the 
first national convention of the guild in 1937 elected a slate of officers 
and followed a program prearranged in secret caucuses of Com- 
munist lawyers." 

Other lawyers who were formerly active in both the Communist 
Party and the National Lawyers Guild have informed the committee 
that it was a Communist Party requirement, that Communist 
lawyers become members of the guild because, as one witness 
said, "The guild was supposed to be made into the legal organ, the 
legal instrument which would speak for and in behalf of the Com- 
munist Party." ^° 

In the course of its present study of the problem of legal subversion, 
the committee found that most of the lawyers who have been identi- 
fied before it as members of the Communist Party, and whose ac- 
tivities are discussed in more detail later in this report, have played 
prominent roles in the National Lawyers Guild. These lawyei*s have 
held key offices in the national guild organization such as those of 
executive secretary and members of the executive board and have 
functioned as president, executive secretary, treasurer, or board mem- 
bers in local chapters of the guild in such major cities as New York, 
Washington, D. C, Los Angeles, and San Francisco. 

A number of lawyers have been identified as having been members 
of the Communist Party as far back as their law-scliool days, when 
they were also active in "student" chapters of the National Lawyers 
Guild. For example, lawyer Mortin Leitson served as president of 
the guild's student chapter at the University of Michigan while also 
active in a secret Communist Party organization on the campus. 



" See report on the National Lawyers Guild, Committee on Un-American Activities, H. R. 
3123. September 21, 1950. 

'* See testimony of Mortimer Riemer before this committee on December 14. 1955. 
"" See testimony of David Aaron before this committee, January 23, 1952, p. 2522. 



COMMUNIST LEGAL SUBVERSION 17 

The National Lawyers Guild held a banquet in New York City on 
October 25, 1957, at which it paid tribute to 125 lawyers who were 
members of the guild. The guild's "guest of honor" roll for this aflfair 
included H() attorneys who liave been publicly identified as Communist 
Party members in testimony before the committee- 
Activities of the guild in recent years continue to be directed toward 
the weakening of the security programs of Federal and local govern- 
ments. The guild, for example, has been campaigning for: 

1. Abolition of congressional committees assigned to the task of cop- 
ing with subversion in the I"'^nited States ; 

2. Curbing of the investigative powers of the Federal Bureau of 
Investigation; 

3. Emasculation of the recent statute which grants immunity to 
any witness called before a committee or a Federal grand jury if the 
witness furnishes information regarding subversive activities; 

4. Repeal of the Smith Act prohibiting teaching or advocacy of 
forceful overthrow of the Ignited States Government; 

5. Discontinuance of the Attorney General's listings of subversive 
organizations; 

6. Repeal of the Internal Security Act and the Walter-McCarran 
Immigration Act ; 

7. Unrestricted issuance of passports to subversive individuals ; 

8. Repeal of the Federal employees loyalty-security program; 

9. Limitations on the right of the Defense Department to discharge 
subversives from the Armed Forces. 

SERVICES TO THE COMMUNIST PARTY BY IDENTIFIED 

COMMUNIST LAWYERS 

When David Aaron, a former member of a Communist Party 
lawyers' group in Los Angeles, appeared as a witness before this com- 
mittee, he was asked what part Communist Party lawyers were ex- 
pected to play in the promotion of the plans and purposes of the Com- 
munist Party. Mr. Aaron replied that "* * * the function of the 
lawyer was to not actively go out on the street and promote, but to act 
in an advisory capacity, to give aid and counsel to the people who are 
active in it [the party] ." 

In an effort to obtain a picture of some of the special services which 
can be performed for the Communist Party by members operating 
from the vantage point of the legal profession, the committee has 
reviewed the public record of a number of lawyers who have been 
identified as party members in sworn testimony. This record, which 
represents only publicly available information contained in the files 
of the committee, shows that such lawyers have : 

1. Capitalized on their membership in the legal profession to recruit 
fellow laAvyers into the Communist Party. 

2. Misapplied their legal training by assisting Communist opera- 
tives in circumventing the law in order to carry out party objectives. 

3. Served in secret Communist cells aimed at espionage and in- 
fluencing Ignited States policy toward Communist objectives, while 
holding responsible legal positions in the Ignited States Government. 

4. Carried out important duties as a functionary of the Communist 
Party organization itself, 

36911 0—58 4 



18 COMMUNIST LEGAL SUBVERSION 

5. Served as attorneys for both Communist-dominated trade unions 
and those not under Communist control. 

6. Acted as legal advisers to, and accepted leadership roles in, organ- 
izations which posed as legitimate non-Communist enterprises al- 
though they were, in fact, operated under Communist control for party 
purposes — for example, the party front organizations built around 
"civil rights" and other popular themes. 

7. Exploited the prestige of their profession in the course of run- 
ning for public office. 

Tlie Communist Party has reaped inestimable benefits as a result of 
these extralegal activities of identified Communist lawyers. While 
the activities involve the promotion of Communist objectives in fields 
far removed from the atmosphere of courts or administrative and con- 
gressional hearing rooms, nevertheless, a basic element in all of them 
is a deliberate Communist exploitation of the lawyer's special status 
as a member of the bar. 

Specific illustrations of each of these activities, selected from 
numerous examples available in the public records of identified Com- 
munist lawyers, follow : 

RECRUITMENT OF FELLOW LAWYERS INTO THE COMMUNIST PARTY 

One of the extralegal activities in which Communist lawyers engage 
is the recruitment of fellow lawyers into the Communist Party. 

Attorney A. Marburg Yerkes testified before this committee that he 
had accepted the invitation of Ben Margolis ^^ to join the latter's Los 
Angeles law firm because he was impressed with Mr. Margolis' reputa- 
tion in a certain prominently publicized legal case. Shortly after join- 
ing the firm, Mr. Yerkes was invited by his employer to attend an 
informal "legal" discussion at a lawyer's home. Because Mr. Margolis 
"expected" it of him, Mr. Yerkes became a regular attendant at such 
sessions, which he found were actually Marxist discussions aimed at 
the gradual indoctrination of non-Communist lawyers with Commu- 
nist views. The sessions led Mr. Yerkes and other lawyers into formal 
membership in the Communist Party, where Mr. Yerkes discovered 
Mr. Margolis in a leadership role. 

CIRCUMVENTING THE LAW 

This committee's hearings have also revealed instances in which 
identified Communist lawyers have misapplied their legal training by 
helping Communist agents evade our laws. 

In the course of the committee's investigation into the operations of 
the international Communist agent, Gerhart Eisler, evidence was ob- 
tained that Leon Josephson, an openly admitted Communist and a 
member of the bar in New Jersey since 1921, had in 1931: prepared a 
false passport application for Eisler's travels in the service of the 
Communist conspiracy. A passport was subsequently issued to Eisler, 
a German citizen, through the use of the naturalization papers of a 
third Communist Party member, because Eisler, an alien, was tech- 
nically unable to obtain a passport. When Josephson was called as 



21 For further details of the activities of Ben Margolis and many of the other attorneys 
subsequently referred to, see separate sections devoted to each attorney on pages 26 
through 75 of this report. 



COMMUNIST LEGAL SUBVERSION 19 

a witness in Eisler's trial for contempt of Congress in 1947, he not 
only confessed on the witness stand that he had sworn falsely on 
Eisler's passport application but also boasted that he would "do 
so again." The statute of limitations prevented any prosecution of 
Josephson at that date. 

A more recent example was provided in the testimony of Anita 
Schneider, who joined the Communist Party in California in 1951 as 
an undercover agent for the Federal Bureau of Investigation. Mrs. 
Schneider said the Communist Party considered sending her as a dele- 
gate to an international Communist-sponsored "'peace'' conference in 
Stockholm. Sweden, from which it was also planned she would journey 
on to the Soviet Union. Mrs. Schneider said she had a discussion with 
a Communist lawyer of Los Angeles, Richard Rykoff, on the problem 
of applying for a passport in view of State Department restrictions on 
travel behind the Iron Curtain. Attorney Rykoff advised Mrs. 
Schneider to conceal her real destination from the State Department 
in filling out a passport application, even though he knew that, in 
filling out the application, she would have to swear to the truthfulness 
of the information contained in it. 

ESPIONAGE AND SUBVERSION IN GOVERNMENT 

This committee's investigations and hearings over the years have 
disclosed that a sizable group of individuals who obtained positions 
of trust within the United States Government due to their legal 
training joined underground Communist cells aimed at subversion 
in the Government. 

New York lawyers John J. Abt and Nathan Witt, for example, held 
legal posts with the Agriculture Department and the National Labor 
Relations Board, respectively, while serving as leaders of secret Com- 
munist cells composed of Government employees. Testimony has dis- 
closed that such cells were formed as part of the Communist Party's 
strategy to get its members into high policymaking posts in our Gov- 
ernment and to open up chamiels through which the Soviet Union 
could obtain classified Government information. 

A notorious illustration of subversion in Government by an identi- 
fied Communist lawyer was provided by the ca^e of Alger Hiss. Hiss' 
15 years of Federal employment encompassed all three branches of 
the Government — judicial, legislative, and executive. After serving 
as a law clerk for a justice of the United States Supreme Court, Hiss 
held such posts as counsel in the Agriculture and Justice Departments 
and as chief counsel with a special Senate committee. L'pon entering 
the State Department, where he attained his highest policymaking 
position, Hiss' first assignment was assistant to an Assistant Secre- 
tary of State. He, himself, described his job as involving years of 
"legal and other research.'' 

LAWYERS AS COMMUNIST PARTY OFFICIALS 

Among the members of the bar who have at the same time held 
important functionary posts within the Communist Party organiza- 
tion are San Francisco lawyer Aubrey Grossman and New York lawyer 
Abraham Unger. 



20 COMMUNIST LEGAL SUBVERSION 

Aubrey Grossman in 1945 was publicly advertised by the Communist 
Party as its new educational director for the city and county of San 
Francisco. In that year, he was also an alternate delegate to the im- 
portant Communist Party national convention in New York City, at 
which party leader Earl Browder was deposed and the temporary 
name of the Communist Political Association was abandoned in 
response to dictates from Moscow. 

Abraham Unger not only served as official legal representative for 
the Communist Party but also held the status of a "functionary'' 
within the party organization, according to a former Communist 
associate who left the party in 1950. Mr. Unger had been a member 
of the constitution committee at the aforementioned 1945 convention 
of the Communist Party. 

In 1956, at the height of the internal controversy within the United 
States Communist Party which resulted from Soviet disclosures of 
Stalin's crimes, Abraham Unger discoursed authoritatively on internal 
party problems in the party's official newspaper, the Daily Worker. 
His pronouncements included severe condemnation of those Commu- 
nists in the United States or abroad who were tempted to rebel against 
complete subservience to the Soviet Union. 

ACTIVITIES IN UNIONS 

The Communist Party since the late 1920's has made concerted efforts 
to infiltrate the organized labor movement in this country. Chief 
targets of the party have been unions operating in basic industries — 
the maritime, shipping, communications, radio and electrical fields. 
The party actually controlled a number of the Nation's most impor- 
tant labor unions. Identified Communist lawyers have contributed 
to this party objective. 

Sworn testimony has revealed that, while identified Communist 
Richard Gladstein of San Francisco served as official attorney for 
the Marine Cooks & Stewards Association of the Pacific in the 1940's, 
he vigorously promoted Communist control over that union. Lawyer 
Gladstein's efforts, under instructions from the Communist Party, 
included drafting a constitution, subsequently adopted by the union, 
which would give the party free access to the union's finances. The 
union was expelled from the CIO in 1950 for its adherence to the 
Communist Party line. 

Another example is provided by lawyer Nathan Witt, who has 
admittedly held the official post of "attorney or the general counsel" 
for the Communist-controlled International Union of Mine, Mill and 
Smelter Workers since early 1941, with the exception of a short period 
during World War II. According to the testimony of a former Com- 
munist Party official who also headed the' die-casting division of the 
mine-mill union, Nathan Witt was one of the Communist Party's top 
men who acted as liaison between the party and a number of unions 
controlled by the party. Witt attended key party meetings where 
important decisions affecting the mine-mill union were made. These 
decisions, as party directives, were then put into effect by the union 
after being transmitted to its leaders by Witt, the same testimony 
revealed. The party's interest in maintaining control of the mine- 
mill union stemmed from the union's strategic position in the non- 
ferrous metals industry. This union was also expelled from the CIO 
in 1950. 



COMMUNIST LEGAL SUBVERSION 21 

In 1941 Xathan Witt was also counsel for the United Federal 
Workers of America. A 1944 report of the Special Committee on 
Un-American Activities found Communist leadership to be strongly 
entrenched in this union which "was formed as a result of a Com- 
munist-led split from the American Federation of Government Em- 
ployees in 1937." It said the union had ''fought tenaciously against 
all efforts to investigate and penalize civil-service employees for 
subversive activities." 

In the late 1940's Witt was chief counsel for the New York Teachers 
Union, Local 555. This union was originally known as Local 5 of the 
American Federation of Teachers, AFL, but was expelled from the 
AFL in 1941 on charges of being Communist-dominated. The New 
York Teachers Union later became Local 555 of the United Public 
Workers of America, CIO, which the CIO in turn expelled in 1950 for 
adhering to the Communist Party line. 

Harriet Bouslog (Sawyer), another identified Communist lawyer, 
has been legal representative for the International Longshoremen's 
and Warehousemen's I'nion since at least 1943. She served as its legal 
representative in Washington, D. C, from 1943 until the middle of 
1946. In that year Mrs. Bouslog became the legal representative in 
the Territory of Hawaii for this international union, which was later 
expelled from the CIO for adhering to the Communist Party line. 

Frank Donner has be«n ideiitified as having been a Communist 
Party member as far back as the early 1940's when he was a lawyer for 
the National Labor Relations Board. Donner, who invoked the fifth 
amendment when he appeared as a witness before this committee in 
1956, was recently named general counsel for the United Electrical, 
Radio and Machine Workers of America. This Communist-controlled 
union, which was ousted by the CIO in 1950, is the recognized bargain- 
ing agent for nuuiy thousands of workers in many of our vital defense 
industries. The UE in a recent pamphlet described its new counsel 
as being "recognized as one of the foremost authorities on NLRB 
law." It failed to mention that Donner was publicly identified as 
having been a member of a conspiratorial Communist cell while em- 
ployed as an attorney at the National Labor Relations Board. 

In addition, prior to their identification as Communists, certain 
lawyers succeeded in obtaining positions as counsel for unions not 
under the control of the Communist Party. 

From 1988 to 1948, when he took a leave of absence to work for 
the Progressive Party, John Abt served as general counsel to the 
Amalgamated Clothing Workers of America, CIO. At the same 
time he left the Clothing Workei-s he also resigned as co-counsel to the 
CIO Political Action Committee. 

Frank Donner was assistant general counsel for both the National 
CIO and tlie United Steelworkers of America, CIO, from 1943 to 
1947. 

Harry Sacher is an outstanding example of an identified Commu- 
nist lawyer who represented both Connnunist-dominated unions and 
unions which were not under Communist control, and made a hand- 
some living by doing so. It is estimated that at one time he earned 
over $50,000 per year from his legal work in the labor-union field. 

Sacher was attorney for the AFL Painters Council District 9 in 
New York City while I^uis Weinstock, a member of the Communist 



22 COMMUNIST LEGAL SUBVERSION 

Party Politburo — and later a defendant in the first Smith Act trial — 
held the office of secretary-treasurer, the highest post in the Council. 
In the July 1947 Council election an anti-Communist slate headed by 
Martin Rarback defeated Weinstock and the other Communists who 
had controlled the Council for years. Sacher was then dropped as 
attorney for the Council. 

One union in which the Special Committee on Un-American Activ- 
ities in 1944 found Communist leadership to be "strongly entrenched" 
was the Transport Workers Union of America. The Committee on 
Un-American Activities noted in 1950 that this union had "tried to 
clean out the Communists." Harry Sacher was general counsel for 
this union and for its large and powerful Local 100 in New York City 
throughout most of the 1940''s. 

Michael Quill, president of the Transport Workers, in 1948 de- 
nounced Sacher as a "conniving member of the Communist Party," 
and succeeded in having him ousted, first by Local 100 and later in 
the year by the international union, in what he (Quill) referred to 
as a "purge" of the left-wing elements which would permit the union 
"to operate as a natural trade union." 

During the same year Sacher was dropped as counsel for Local 802 
of the AFL Musicians Union. 

In the following year, 1949, Sacher lost his post as attorney for 
the United Shoe Workers of America. He managed, however, to 
retain his position as attorney for the union's Joint Council 13 in 
New York City which was headed by Isidore Rosenberg. Two years 
later, in 1951, Rosenberg issued a statement saying, "I have abandoned 
my association with Communist activities because I found that asso- 
ciation entirely inconsisteYit with my work for my union." Sacher 
was ^hen dropped as attorney for Joint Council 13. i , 1 

In January 1951, the membership of Local 306 of the Motion Picture 
Machine Operators Union, AFL, held a meeting at which literature 
was passed out to the local members urging them to vote for the dis- 
charge of Sacher because of his "many Communist affiliations," and in 
June of that year it was officially announced that he had "resigned" 
as the local's attorney. 

The following exhibit, reproduced from The Worker, January 21, 
1951, demonstrates the acclaim Harry Sacher received from workers 
he represented even after he had been convicted of criminal contempt 
of court : 



COMMUNIST LEGAL SUBVERSION 



23 




■6 6 



-s 



.a 

_ > 

o •§ 
a 

I— > j: 

a c 

Z O 

»3 
13 
V 



J3 CO 

■£ 2' 

c *" 



I' 

a. 2 

« 15 
o o 

C to 

A> V) 



24 COMMUNIST LEGAL SUBVERSION 

LEADERSHIP IN COMMUNIST FRONTS 

Identified Communist lawyers who assume prominent roles in the 
party's front organizations and special propaganda campaigns 
furnish another important type of extralegal service to the Com- 
munist Party. 

West Coast lawyer Aubrey Grossman, who has been an official of 
the Communist Party itself, served for years as West Coast director 
and then national organizational secretary or director of the party's 
legal front, the Civil Rights Congress. During this assignment, 
the Civil Rights Congress went into high gear in a fund-raising 
and propaganda campaign in behalf of the national Communist Party 
officials prosecuted under the Smith Act. In speeches throughout the 
country and in published articles, Mr. Grossman, billed as an attorney 
and civil-rights expert, spread the Communist Party line regarding 
alleged unjustified persecution of Communist leaders, attacked the 
American jury system, and even advised Americans to refuse to coop- 
erate or talk with representatives of the Federal Bureau of Investi- 
gation. 

In behind-the-scenes operations of Communist-front organizations 
such as the Civil Rights Congress, the identified Communist lawyer 
has 'also been known to play roles in direct contravention of the ethical 
standards required of a member of the bar. 

A former undercover agent within the Communist Party, who was 
assigned by the party to work with the Civil Rights Congress in San 
Diego, described how the CRC was required to develop a propaganda 
campaign in defense of a San Diego man involved in legal proceed- 
ings, although the case involved no Communist issue. The wntness 
testified that the Communist Party was not interested in the man's 
innocence or guilt, but was concerned only with exploiting the case for 
propaganda purposes to benefit the party. The witness and other San 
Diego Communists who were required to conduct this CRC campaign 
received personal instructions from Richard Rykoff, an identified 
Communist lawyer of Los Angeles, on what steps to take to conceal 
the real Communist purpose behind their campaign. 

CANDIDATES FOR PUBLIC OFFICE 

Political activity and the acquisition of political power are vital 
to Communist success in taking over any country. For this reason 
the party has always encouraged its members (both open and secret) 
to run for public office. Their campaigns serve as sounding boards 
for party propaganda in the party's efl'oi-ts to influence not only public 
opinion but also legislation and governmental policy. 

Communist attorneys are particularly valuable to tlie conspiracy 
in this endeavor because lawyers are so widely accepted by the public 
as especially qualified for public office. 

The Communist Party today usually establishes "front" or cover 
political parties as a means of getting its candidates into public 
office. Even in cases in which the party feels certain that there is 
little chance that any of its candidates will be elected through this 
device, it still considers such activity vital. It has learned through 
experience that a political campaign is the most effective means at its 
disposal for reaching large numbers of people with the Communist 
Party line on key national and local issues. 



COMMUNIST LEGAL SUBVERSION 25 

The Independent Progressive Party, a political organization in the 
State of C^ilifornia which the Communist Party secretly controlled 
and directed in an effort to advance its influence in American political 
life, frequently exploited the prestige of the legal profession by select- 
ing identified Communist lawyers as candidates for political office. 
Typical of such candidates- were Bertram Edises and Charles R. 
Garry, of San Francisco. Mr. Edises was a candidate for district 
attorney of Alameda County on an IPP ticket in 1950, and Mr. Garry 
aspired to a seat in the United States Congress under IPP auspices 
in two elections during the same period. Publicity surrounding their 
campaigns, omitting any reference to their connections with the Com- 
munist Party, emphasized the alleged prominence of these candidates 
as ''labor" or "civil rights" lawyers. 

The American Labor Party in New York, which has been cited 
as another "political front organization" ^^ enabling the Communists 
to present their candidates under other than a straight Communist 
label, has also picked identified Communist lawyers as candidates for 
important public office. For example, Morris Zuckman, who has been 
engaged in law practice in Albany, N. Y., since the 1930's, was the 
American Labor Party's candidate for mayor of Albany in 1949. 
Mr. Zuckman was identified as a member of the Communist Party 
by a number of witnesses before this committee, and he has refused to 
answer this committee's questions regarding his party activity on the 
grounds of possible self-incrimination. 

PROPAGANDISTS FOR COMMUNIST CAUSES 

Identified Communist lawyers have appeared time and time again 
as featured speakers at public rallies held to promote Communist ob- 
jectives, and as lecturei-s in Communist-operated institutions such as 
the Jefferson School of Social Science in New York and the California 
Labor School in San Francisco. 

John J. Abt, the former leader of one Communist underground 
espionage group of United States Government employees, was cleverly 
publicized as a "noted constitutional authority" when appearing as 
speaker against the Walter-McCarran Act at a rally sponsored by the 
Communist front, the American Committee for Protection of Foreign 
Born. The organization before which he appeared has as one of its 
key aims destruction of our Government's security legislation. 

Such exploitation of a lawyer's prestige and speaking ability un- 
doubtedly has aided the Communist Party in its efforts to recruit 
sympathizers within the vast non-Communist majority of our Nation. 
Take, for example, the activities of Maurice Braverman, a Baltimore, 
Md., lawyer who served on the top governing body of the Communist 
Party organization for the State of Maryland and the District of 
Columbia. 

Mr. Braverman was indicted in 1951 under the Smith Act for 
conspiracy to advocate violent overthrow of the United States Gov- 
ernment. Prior to his trial, he spoke before Yale University law 
students in their law-school auditorium through an "invitation" from 
the student chapter of the Communist front, the National Lawyers 



22 Internal Security Subcommittee of the Senate Judiciary Committee, Handbook for 
Americans, S. Doc. 117, April 23, 1956, p. 91. 

36911 O— 58 5 



26 COMMUNIST LEGAL SUBVERSION 

Guild. In a subsequent interview appearing in the Dailj Worker, 
Mr. Braverman stated that many of the Yale law students showed 
concern that the Government was prosecuting Communist leaders 
under the Smith Act, and that he had impressed some students to 
such an extent that they offered to help him in "legal research" for 
his defense in the forthcoming trial. 

It is evident from just the few examples of Communist exploitation 
of the legal profession cited here that the Communist Party gains 
tremendously by having its members admitted to the bar. The party 
has obviously long been aware that a lawyer's special training and 
prestige can lead to positions of prominence in our society where he 
can wield substantial influence extending far beyond the limits of his 
routine professional activities. The Communist Party has also taken 
full advantage of the fact that non-Communists are not generally 
ready to suspect that anyone with the attainments and unique privi- 
leges of a lawyer would also serve as an agent of the Communist 
conspiracy. 

CASE HISTORIES OF SOME IDENTIFIED COMMUNIST 

LAWYERS 

This report hereafter presents a more detailed description of pub- 
licly recorded activities engaged in by certain lawyers who have been 
identified as members of the Cormnunist Party. 

The lawyers referred to below represent only a small percentage 
of the identified Communists wit)iin the legal profession. They have 
been selected for inclusion in this report because they exemplify pat- 
terns of activity which have aroused the concern of this committee. 
It should also be noted that their records here are limited to that in- 
formation which is available in public hearings or in public ma- 
terial contained in this committee's files. 

JOHN J. ABT, NEW YORK 

Whittaker Chambers testified before this committee on August 3, 
1948, that in the early 1930's John J. Abt was a member of the so- 
called Ware- Abt- Witt group which was composed of Communist 
Party members employed by various agencies of the United States 
Government. Abt held legal posts with various United States Gov- 
ernment agencies from 1933 until the summer of 1938 ; he was in the 
Legal Division of the Agricultural Adjustment Administration of 
the Agriculture Department when Chambers knew him. Chambers 
stated that this underground Communist group to which Abt be- 
longed was organized to carry out the Communist Party's plan to work 
its members into high, policymaking positions in our Government, 
with espionage as one of its eventual objectives. 

Elizabeth Bentley, who served as courier between Soviet agents and 
Communist employees of the Federal Government in the early 1940's, 
described another so-called "Perlo group'' of Communists in the Gov- 
ernment in sworn testimony before this committee on July 31, 1948. 
The Perlo group, according to Miss Bentley, was an underground 
group of Communists which had been operating since the early 1930's 
in the Federal Government and which had been collecting informa- 



COMMUNIST LEGAL SUBVERSION 27 

tion for the benefit of the Soviet Union for some years. Miss Bentley 
testified that John Abt was the leader of the Perlo group before she 
herself took it over in March 1944, and that she met Mr. Abt twice for 
the purpose of being introduced to the members of the group. 

At a hearing by this committee on August 20, 1948, Abt was given 
an opportunity to refute these charges, but declined to answer ques- 
tions regarding them on the grounds of possible self-incrimination. 
As a witness before the Senate Internal Security Subcommittee on 
May 26, 1953, he again invoked the fifth amendment in refusing to 
answer questions regarding Communist activities. 

In 1948, John Abt became special counsel for the Progressive Party, 
a Communist -controlled organization through which the Communists 
were enabled to present their candidates for elective office under other 
than a Communist label. Abt was a delegate to the second annual con- 
vention of the Progressive Partv held in 1948 at the Knickerbocker 
Hotel, Chicago. He was a member of the national committee in 1950 
and a member of the committee on candidates' declaration in 1952. 
The same year he was secretary of the platform committee of the 
third national convention, held at the Ashland Auditorium in Chicago. 
The Progressive Party held a dinner to celebrate his 50th birthday in 
1954. 

John Abt was active in the Civil Rights Congress, an organization 
formed in 1946 as a merger of two other Communist-front organiza- 
tions (International Labor Defense and the National Federation for 
Constitutional Liberties) and dedicated to the defense of individual 
Communists and the Communist Party. By making special appeals 
in behalf of civil liberties, the Civil Rights Congress reached far be- 
yond the confines of the Communist Party itself. 

In 1953 the Civil Rights Congress held a "Peoples Conference To 
Fight the McCarran Law Persecutions and McCarthyism." Abt de- 
livered the keynote address in which he attacked the Internal Security 
Act as an American kind of fascism aimed at paralyzing all opposi- 
tion. "The act," he said, "is rooted in the Big Lie of our time -the 
lie as to the nature of communism." He declared that the Communist 
Party is "condemned for views which concededly may be true and 
good." 

This speech was later published by the Civil Rights Congress in 
booklet form. In order to lend greater weight to his Communist 
Party line analysis the booklet listed some of his former positions: 
"Mr. Abt was formerly chief counsel to the La Follette Civil Liberties 
Committee (Senate Committee on Education and Labor) ; special 
assistant to the United States Attorney General; and general counsel 
of the CIO Amalgamated Clothing Workers." 

In 1937 John Abt was employed by the Department of Justice as an 
assistant to the Attorney General in charge of the trial section of 
the Antitrust Division. He was at the same time a member of the 
committee on civil rights and liberties of the National Lawyers 
Guild, cited as the foremost legal bulwark of the Communist Party, 
which, since its inception, has never failed to rally to the legal defense 
of the Communist Party and individual members thereof, including 
known espionage agents. 

The November-December 1945 issue of the Lawyers Guild Review, 
organ of the National Lawyers Guild, contained an article by Abt 

30774 O— 59 5 



28 COMMUNIST LEGAL SUBVERSION 

titled "Some Observations on Soviet Law and Lawyers." Mr. Abt's 
article was based on his observations during a visit to the Soviet 
Union in 1945. In spite of the notorious police state justice of the 
Soviet Union, Abt reported how impressed he was with the stern but 
fair attitude of prosecutors and judges and the scrupulous care given 
to safeguard the rights of defendants and to assure them a full and 
fair trial. 

He attended a conference of the World Federation of Trade Unions 
held in Paris in 1946, acting in the capacity of adviser. In 1947, Abt's 
passport was again revalidated for travel to Prague, Czechoslovakia, 
where he attended another conference of the World Federation of 
Trade Unions, the Kremlin's worldwide labor organization. 

After his return to this country, Abt wrote a series of articles for 
Soviet Russia Today, a Communist-controlled magazine which his 
wife, Jessica Smith, edited. Two of the articles gave an approba- 
tory report of the methods used by the Russian labor unions to settle 
grievances and the Russian health insurance plans. 

The American Committee for Protection of Foreign Born is one 
of the oldest auxiliaries of the Communist Party in the United States. 
John Abt was one of the lawyers saluted at a dinner held under the 
auspices of the ACPFB in October 1956. 

He delivered an address on "What the New Laws Really Mean" at 
the Arts, Sciences, and Professions Council, Sunday Night Forum in 
New York, September 24, 1954. This Communist-front organization 
was used by the Communist Party to appeal to special occupational 
groups. 

In November of 1954, John Abt was one of the teachers of a course 
on the "Bill of Rights : Its Theory and Politics," offered at the Jeffer- 
son School of Social Science, one of the Communist Party schools used 
to indoctrinate Communists and outsiders in the theory and practice 
of communism, and to recruit new party members and sympathizers. 

In 1949 Abt issued a statement denouncing the conviction of the 
11 Communist leaders under the Smith Act as an imposition of thought 
control. He was one of the lawyers who signed a brief petitioning 
the United States circuit court of appeals to void the contempt con- 
victions of the lawyers who defended the Communist leaders. 

Continuing his support of these party leaders, he was speaker at a 
rally of the National Conference To Win Amnesty for Smith Act 
Victims held in New York in June 1952, and was speaker and chair- 
man of a rally of the National Committee To Win Amnesty for Smith 
Act Victims held at Chateau Gardens, New York, on June 10, 1954. 

GEORGE R. ANDERSEN, CALIFORNIA 

George Andersen was identified as a member of the Communist 
Party m San Francisco by Mrs. Dorothy Jeffers, former Federal 
Bureau of Investigation undercover agent within the party, who testi- 
fied before this committee on June 21, 1957. 

Mr. Andersen has been prominent in Communist-controlled organi- 
zations particularly designed to provide legal defense for the Com- 
munst Party. In 1922, the Communist International established the 
International Red Aid with the idea that it would have sections in 
various countries of the world. The American section of the Inter- 



COMMUNIST LEGAL SUBVERSION 29 

national Red Aid was the International Labor Defense, which served 
as the legal defense arm of the Communist Party in this country. 
Andersen was a member of the national committee of this Communist- 
controlled organization in the early 194:0's and was also on its legal 
advisory board. 

The International Red Aid held its second international conference 
in Moscow. As a result of this conference a number of directives 
were issued in connection with juridical questions then facing the 
Communists. 

Among the directives were : "The proletariat must gather and or- 
ganize those lawyers and learned barristers in various countries who 
sympathize with the liberation struggle and are prepared, together 
with the legal bureau of the IRA, to assist and ^ive legal help to the 
victims of the class domination of the bourgeoisie * * * 

"To organize legal bureaus in every country where they do not yet 
exist and where this is possible, in particular in England, the U. S. A. 
and Japan * * * 

"To strive to enlarge the number of lawyers who take part in this 
work by attracting more and more new cadres of lawyers and jurists 
who can be stimulated by their own interests and their sympathy with 
the revolution to gather around the IRA legal bureau." 

George Andersen helped to found a "legal bureau" established in 
response to this directive in the United States in the early 1930's under 
the name of the International Juridical Association. He served on 
the national committee of this Communist-controlled offshoot of the 
International Labor Defense in 1942. In the same year, he was legal 
adviser for the Committee for Citizenship Rights, which was in- 
tended to protect Communist subversion from any penalties under 
the law. 

In 1942 the IJA quietly disappeared from the scene, and its Bulletin 
of December 1942 announced that hereafter "the Bulletin will be 
published as an integral part of the Lawyers Guild Review. * * *" 
One of the reasons given by the Bulletin for this merger was because 
"the opportunity now offered for joining forces with the National 
Lawyers Guild * * * we believe will more than repair our capacity 
to produce and, also, greatly widen the area of our influence." 

Andersen, an active member of the IJA, was also one of the leaders 
of the National Lawyers Guild. In 1937, just a year after the forma- 
tion of this foremost legal bulwark of the Communist Party, Ander- 
sen was serving as director of its San Francisco chapter. He served 
on the guild's national executive board in 1956-57. 

The American Committee for Protection of Foreign Born in 1947 
named Mr. Andersen as one of its "local counsel" in San Francisco. 
He has frequently appeared as speaker at affairs of the San Francisco 
branch of the ACPFB, known as the Northern California Committee 
for Protection of Foreign Born. In 1954, the Northern California 
Committee tendered Mr. Andersen a testimonial dinner. 

Mr. Andersen was a candidate for Congi-ess on the ticket of the 
Communist-created Independent Progressive Party in 1954. State- 
ments of ownership filed by the West Coast Communist organ, the 
Daily People's World, showed that Mr. Andersen was a stockholder 
in the newspaper's publishing company in the years 1947, 1949, and 
1952-54. His services as a speaker have been utilized by such other 



30 COMMUNIST LEGAL SUBVERSION 

Communist-controlled organizations as the San Francisco chapter of 
the Civil Rights Congress. 

SELMA MICKELS BACHELIS, CALIFORNIA 

Selma Bachelis was identified as a member of the Communist Party 
in Los Angeles by the following former party members in sworn testi- 
mony before this committee : David Aaron, January 23, 1952 ; Albert 
Herzig, January 23, 1952 ; A. Marburg Yerkes, January 24, 1952 ; Wil- 
liam G. Israel, Januarv 25, 1952; Milton Tyre, Decembei 14, 1951; 
and Charlotte Darling Adams, June 2, 1953. 

Mrs. Bachelis was described in 1950 in the Communist organ. Daily 
People's World, as a local Civil Rights Congress attorney. She was 
then engaged by the CRC to represent three women arrested for pass- 
ing out to Lockheed aircraft workers leaflets entitled "What Are 
U. S. Troops Doing in Korea?" Mrs. Bachelis had signed an appeal 
issued in 1948 by the Los Angeles chapter of the Civil Rights Congress 
in behalf of individuals cited for contempt for refusing to answer ques- 
tions before a grand jury investigating Communist activities in Los 
Angeles. She was also one of the financial contributors to the publica- 
tion of the Civil Rights Congress booklet entitled, "Civil Rights 
Congress Tells the Story." 

Mrs. Bachelis endorsed the candidacy of LaRue McCormick, candi- 
date for the California State Senate on the Communist Party ticket in 
1942. In the same year, she sponsored petitions for the release of 
Earl Browder from a Federal penitentiary, and sent greetings to the 
Second Soviet Anti-Fascist Youth Conference in Moscow. 

In a letter to the editors of the West Coast Communist publication, 
the Daily People's World, on February 29, 1962, Mrs. Bachelis. noted 
that the editors were then defendants in Smith Act proceedings by the 
Government and concluded that the paper "deserves support of all 
vnnr countrymen who value the precious tradition of free press." 

HARRIET BOUSLOG, HAWAII 

Harriet Bouslog (Mrs. Harold Sawyer) was identified as a member 
of the Communist Party in Hawaii by a former fellow party member. 
Jack Kawano, who testified before this committee on July 6, 1951. 
She was also identified as a Communist Party member by former. 
Communist Dorothy Funn, who appeared as a witness before the 
committee on May 4, 1953. Mrs. Bouslog appeared as a witness before 
the Senate Internal Security Subcommittee at hearings held in 
Hawaii on December 5, 1956, and invoked the fifth amendment in 
refusing to answer questions regarding Communist affiliations. 

Since the mid-1940's, Mrs. Bouslog has served as attorney for the 
International Longshoremen's and Warehousemen's Union, which was 
expelled from the CIO in 1950 for adhering to the Communist Party 
line. Mrs. Bouslog was legal representative for the ILWU in Wash- 
ington, D. C, from approximately 1943 until the middle of 1946. It 
was during this period that Mrs. Funn testified she had associated 
with Mrs. Bouslog in Communist Party activities in Washington. In 
1946, Mrs. Bouslog returned to the Territory of Hawaii, where she has 
since served as legal representative for the ILWU in the Territory. 



COMMUNIST LEGAL SUBVERSION 31 

Mrs. Bouslog's activities in behalf of the Communist Party in 
Hawaii were described by Mr. Kawano. In Communist discussions 
prior to the emergence of the Communist Party of Hawaii as an open, 
rather than underground, organization in 1948, Mrs. Bouslog argued 
that an aboveground party apparatus would help both the party and 
the ILWU, Kawano reported. Mrs. Bouslog, he said, observed that 
the ILWU had been taking the brunt of opposition to Communist 
activities and that some of this opposition could be diverted to an 
open Communist Party. 

The degree of influence among non-Communists that can be at- 
tained by a Communist working as a member of the legal profession 
was strikingly demonstrated by Mr. Kawano's testimony regarding 
Mrs. Bouslog and another ILWU attorney in Hawaii, Myer C. Sym- 
onds.^^ Mr. Kawano said : 

* * * as far as the influence of the two lawyers, Harriet Bous- 
log and Myer C. Symonds, is concerned, they have made quite a 
reputation for themselves in the islands. There are a lot of inde- 
pendent people outside of the labor movement today looking up 
to them as good lawyers. I have heard a lot of rumors among 
outsiders — because today I am one of the outsiders — and the talk 
among outsiders today is that, if you have a case and you cannot 
afford to lose the case, then the lawyer to get is either Bouslog 
or Symonds, because they work for a cheap fee, and work like the 
dickens, and usually win the case. * * * 

Another thing. A lot of people who are not Republican and 
not Democratic, but to some extent used to have personal friends, 
some had Republican friends and some Democratic friends, and 
whenever they had problems they used to run up to the Republi- 
cans or to Democrats, today they are running to Bouslog and 
. -Symonds. Those people are not the most influential people in 
town, but they are influential and a lot ,of people are following 
them. * * * The influence of Harriet Bouslog is growing * * *.^* 
Harriet Bouslog acted as one of the defense attorneys for seven 
defendants in Hawaii tried and convicted of conspiracy to advocate 
violent overthrow of the United States Government. Mrs. Bouslog 
was found guilty of "gross misconduct" during the course of her 
appearance as counsel during this Smith Act trial, and the Territorial 
supreme court, by unanimous action on April 6, 1956, ordered Mrs. 
Bouslog suspended from the practice of law for 1 year. 

Richard Kageyama, a former Communist Party member in Hawaii, 
who testified frankly before the committee regarding his knowledge 
of Communist activities in the Territory, described an attempt by 
party officials to prevent him from giving information to the com- 
mittee. Mr. Kageyama said that, prior to the arrival of the com- 
mittee in the Territory, he had been visited by Charles Fujimoto, 
chairman of the Territorial Communist Party, and warned not to be 
a "stool pigeon." Mr. Kageyama was advised by Mr. Fujimoto to 
take any subpena he might receive from this committee to lawyer 

23 Myer C. Symonds appeared as a witness before the Senate Internal Security Subcom- 
mittee on December 5, 1!>50, and invoked the fifth amendment rather than answer questions 
regarding Communist Party membership or activities. 

2* Hearings Regarding Communist Activities in the Territory of Hawaii, pt. 4, House 
Committee on Un-American Activities, July 6, 1951, pp. 50 and 51. 



32 COMMUNIST LEGAL SUBVERSION 

Bouslog. Easter J. Doyle, another former Communist Party mem- 
ber who cooperated fully as a witness before the committee, also in- 
formed the committee that he had disregarded instructions from 
Ernest Arena, an identified Communist and local ILWU official, to 
take any subpena from this committee to ILWU Lawyers Bouslog 
and Symonds. 

One of the Communist-front organizations in which Mrs. Bouslog 
has been active is the Hawaii Civil Liberties Committee, an ostensible 
civil-rights group which this committee found to be the "most effective 
sounding board for communism in the Territory of Hawaii." HCLC 
records in the possession of the committee show that the front organi- 
zation has made a number of financial disbursements to Mrs. Bouslog 
for "legal expenses," among them her work in connection with the 
defense of two identified Communists dismissed from teaching posi- 
tions in the Territory. Mrs. Bouslog has frequently been a featured 
speaker at HCLC meetings. When the HCLC, in 1948, sponsored a 
speaking tour of the islands by Celeste Strack, openly avowed edu- 
cational director of the California Communist Party, Mrs. Bouslog 
shared the speaking platform with Miss Strack at her Honolulu 
lecture. 

Mrs. Bouslog was elected a member-at-large of the executive board 
of the National Lawyers Guild at the 1956 and 1957 conventions of the 
guild. 

MAURICE LOUIS BRAVERMAN, MARYLAND 

Maurice Braverman was known to three witnesses who testified 
before this committee as a member of the top-level district committee 
which governed the Communist Party organization within the Dis- 
trict of Columbia and the State of Maryland. Mr. Braverman's 
activities within the Communist Party were described by Henry 
Thomas, active in the District of Columbia Communist Party from 
the late 1930's until 1949, who testified on December 6, 1950; by 
Dorothy Funn, a party member in Washington, D. C, from 1943 to 
1946, who testified on May 4, 1953 ; and by Mary Stalcup Markward, 
a Federal Bureau of Investigation undercover agent within the party 
from 1943 to 1950, who testified on July 11, 1951. 

Mrs. Markward stated that Mr. Braverman did legal work for the 
Communist Party. As an example, she said he handled the legal 
action involved in a $1,500 legacy to the Communist Party in Wash- 
ington, D. C, in the mid-1940's. The party, which had temporarily 
changed its name to the Communist Political Association, had to 
prove it was the same organization as that designated by the legacy. 

Mr. Braverman appeared as attorney for William Rosen, when the 
latter was subpenaed before this committee in August and September 
1948 for the purpose of clarifying certain aspects of the Alger Hiss 
case. Mr. Rosen on both occasions invoked the fifth amendment in 
refusing to give any information to the committee relating to the 
Hiss case or to his own current activities in the Communist Party. 
Thereafter, the committee called Mr. Braverman as a witness on 
September 9, 1948, explaining that it was interested in knowing if 
the Communist Party had instructed him to prevent Rosen from testi- 
fying frankly. Mr. Braverman, admitting to the committee that he 
had provided legal representation for the Communist Party in the 
past, refused on grounds of self-incrimination to state whether or not 



COMMUNIST LEGAL SUBVERSION 33 

he was a member of the Communist Party or whether or not the party 
put him in touch with Rosen as a client. A member of the committee 
then advised Mr. Braverman that: "The caliber of the answers of 
Mr. Rosen, your client, raises grave suspicion in the minds of the com- 
mittee that a conspiracy to commit contempt has been established. 
This committee and all other committees of Congress will continue 
to have all the respect for the efforts of the law and lawyers, attorneys, 
but it is not beyond the bounds of possibility that an attorney, too, is 
a traitor to his country." 

In 1951, he was arrested along with other Maryland Communist 
Party leaders under provisions of the Smith Act ; during the follow- 
ing year he was tried and convicted of violating the Smith Act by 
conspiring to advocate forceful overthrow of the United States Gov- 
ernment; his sentence was a $1,000 fine and a 3-year prison term, 
completed in 1955. Subsequent to his conviction under the Smith Act, 
Mr. Braverman was barred from practice in Maryland courts and 
Federal courts. 

Mr. Braverman's service to Communist-front organizations in- 
cluded membership on a special committee of the Baltimore chapter 
of the National Lawyers Guild in 1946. After his indictment under 
the Smith Act in 1951, Mr. Braverman accepted an invitation of the 
guild's student chapter at Yale University to address Yale law 
students in the law school auditorium. In a subsequent interview 
appearing in the Daily Worker, Mr. Braverman boasted that, as a 
result of his speech at Yale University, many law students showed 
concern that the Government was prosecuting Communists under the 
Smith Act and that some law students were so impressed they offered 
to help Mr. Braverman with "legal research" for his defense as a 
Smith Act defendant. Mr. Braverman, although indicted on criminal 
charges of conspiracy to advocate violent overthrow of our Govern- 
ment, had given the students the usual party-line propaganda that 
the Government was using the Smith Act "to stop the peace move- 
ment and the fight for Negro rights." 

Mr. Braverman has also signed his name to a Communist propa- 
ganda statement issued by the Baltimore County Committee for 
Peace, and has sent greetings to a national gathering of the Com- 
munist-controlled American Committee for Protection of Foreign 
Born. 

JOHN CAUGHLAN, WASHINGTON STATE 

John Caughlan was identified as a member of the Communist Party 
in Seattle by two former party members, Elizabeth Boggs Cohen and 
Barbara Hartle. These witnesses, testifying before this committee on 
May 28, 1954, and June 16, 1954, respectively, both stated that Mr. 
Caughlan handled the Communist Party's legal work. In addition to 
handling law cases involving the party. Mrs. Hartle reported that Mr. 
Caughlan's duties as party attorney included advising party func- 
tionaries of procedures to be followed in regard to subpenas served 
by the Washington State Committee on Un-American Activities dur- 
ing that committee's investigation of local Communist activities. 

Mr. Caughlan was subpenaed as a witness before this committee on 
June 19, 1954, but refused to answer all questions regarding mem- 
bership in the Communist Party on grounds of the fifth amendment. 
Callea again as a witness on December 14, 1956, Mr. Caughlan denied 



34 COMMUNIST LEGAL SUBVERSION 

party membership at the time of his appearance but again invoked 
the fifth amendment regarding previous party activities. 

Mr. Caughlan was described by the Daily People's World, West 
Coast Communist newspaper, as Washington State's "foremost 
fighter" against the Washington State Committee on Un-American 
Activities. It was noted that he had challenged the constitutionality 
of the local investigating committee by filing a referendum petition 
with the Secretary of State and, when this action was unsuccessful, he 
had carried equally vain challenges of the committee as far as the 
State supreme court. 

The legal talents of Mr. Caughlan have benefited a number of front 
organizations of the Communist Party. In the early 1940's, Mr. 
Caughlan was retained by the International Labor Defense, then 
"legal arm of the Communist Party," to institute legal proceedings 
on behalf of certain dismissed WPA workers. Committee files record 
him as a member of the executive board of the National Lawyers Guild 
during the years 1949, 1950, 1956, and 1957. 

He has served as attorney for the Washington Pension Union, a 
Communist-controlled organization which helped the party achieve 
great political influence in the Pacific Northwest area. He has also 
acted as legal representative for unions whose adherence to the Com- 
munist Party line resulted in their expulsion from the CIO, namely : 
the International Longshoremen's and Warehousemen's Union, Na- 
tional Union of Marine Cooks and Stewards, International Union of 
Fishermen and Allied Workers, and the Food, Tobacco, and Agricul- 
tural Workers of America. 

Mr. Caughlan has also been active in the affairs of the Washington 
Committee for Protection of Foreign Born, usually in the capacity of 
speaker at its meetings. 

In 1948, Mr. Caughlan was a candidate for the Washington State 
Legislature on the Progressive Party ticket. The Progressive Part}' 
has been cited as one of the largest and most successful fronts ever 
created by the Communists. 

Committee files show that Mr. Caughlan has also been a member of 
the Civil Rights Congress in Seattle, and a trustee of its bail trust 
fund. Testimony of such former high-ranking Communists as Bella 
Dodd and Barbara Hartle before the Subversive Activities Control 
Board demonstrated that the Communist Party had organized the 
Civil Rights Congress to take care of party members implicated with 
the law and, from the beginning, had stressed the need for the Civil 
Rights Congress to raise bail funds which the party in its own name 
could not as successfully amass. 

Testimony before the SACB showed that these bail fund drives 
accelerated after the indictment of national party leaders under the 
Smith Act in 1948, and that hundreds of thousands of dollars were 
subsequently paid from the funds for bail for Smith Act defendants 
or party leaders and members subject to deportation proceedings. In 
Seattle, the Civil Rights Congress bail trust fund was established in 
1948 with trustees, including Mr. Caughlan, who were all identified 
Communist Party members. 

Mr. Caughlan has also served on the executive committee of such 
Communist fronts as the Washington Commonwealth Federation and 
the Washington State Committee for Freedom for Earl Browder. 



COMMUNIST LEGAL SUBVERSION 35 

FRANK J. DONNER, NEW YORK 

Frank Donner was identified by a number of witnesses before this 
committee as a member of a Communist cell comprised of lawyers em- 
ployed by the National Labor Relations Board in Washington, D. C. 

Herbert Fuchs, a former Communist who had helped to organize 
this cell in 1937 and actively participated in it until his transfer from 
Washington in 1942, testified on December 13, 1955, that Frank Don- 
ner was one of the NLEB lawyers who joined his conspiratorial Com- 
munist group. 

On December 14, 1955, Mortimer Riemer, another former member 
of the Communist cell in the NLRB, confirmed Fuchs' testimony 
regarding Frank Donner. Donner was again identified by ex-Com- 
niunist Harry Cooper on March 1, 1956. 

Frank Donner, on June 28, 1956, appeared as a witness before this 
committee. Although admitting he was employed by the NLRB from 
1940 until 1945 in the Litigation Section, he invoked the first and 
fifth amendments when he was questioned concerning Communist 
Party membership and affiliations. Mr. Donner was confronted with 
a United States Civil Service Commission questionnaire he had 
signed on June 2, 1943, while employed by the NLRB. On this of- 
ficial form, he had replied "no" to a question as to whether or not 
he held membership in a Communist organization. Conceding that 
the signature was his, Mr. Donner nevertheless invoked the fifth 
amendment when asked by the committee if he had been "truthful" 
in this statement to the United States Government. 

Frank Donner was recently named general counsel for the United 
Electrical, Radio and Machine Workers of America. This Com- 
munist-controlled union, which was ousted by the CIO in 1950, is 
a recognized bargaining agent in many of our vital defense in- 
dustries. The L'E in a recent pamphlet described its new counsel as 
being "recognized as one of the foremost authorities on NLRB law." 
It failed to mention that Donner was publicly identified as being a 
member of a conspiratorial Communist cell while employed as an 
attorney at ths NLRB in the 1940's. 

Frank Donner was one of the principal speakers at the Ninth 
Annual Convention of the National Lawyers Guild held in February 
1949. In 1953 he was elected a voting member of the board of di- 
rectors at the annual meeting, and chairman of the conference work- 
ing group of the national conference of the guild to be held in October 
at the Barbizon Plaza. He was again elected to the board of directors 
in 1954. 

At a dinner sponsored by the American Committee for Protection 
of Foreign Born on October 11, 1956, one of the lawyers saluted for 
their work aiding this Communist-controlled organization was Frank 
Donner. 

Donner has on different occasions been engaged as a speaker for the 
Emergency Civil Liberties Committee, an organization cited as Com- 
munist controlled by the Internal Security Subcommittee of the 
Senate Judiciary Committee. Speaking on such topics as "Informers 
as a Means of Suppression," and "Informers as Tools," Donner has 
excoriated all individuals who have been of assistance to congressional 
committees. 



36 COMMUNIST LEGAL SUBVERSION 

BENJAMIN DREYFUS. CALIFORNIA 

During this committee's hearings in San Francisco, Calif., in June 
1957, Jack Patten, a former member of the Communist Party, identi- 
fied Benjamin Dreyfus as a member of the Communist Party cell to 
which Patten had belonged. 

Benjamin Dreyfus was summoned to appear before the committee 
on June 21, 1957, and asked to either confirm or deny the testimony 
of Patten. Dreyfus refused to answer and invoked the fifth amend- 
ment as one of the grounds. 

A member of the National Lawyers Guild for many years, Mr. 
Dreyfus was elected secretary of the San Francisco chapter in 1941, 
treasurer in 1944, executive secretary in 1945, and secretary in 1947, 
1949, and 1950. In 1954 he was a delegate from the Bay area to the 
19th annual convention of the National Lawyers Guild in Chicago. 
He was elected to the executive board at the 1956 convention and again 
in 1957. 

Dreyfus has been active in another standby of the Communist Party, 
the Civil Rights Congress. In 1949 he was toastmaster at a Civil 
Rights Congress dinner that was the kickoff in a campaign of protest 
against Judge Harold R. Medina's refusal to grant bail to 11 Com- 
munist leaders convicted under the Smith Act. He has endorsed the 
CRC campaign against anti-Communist legislation and against the 
deportation of Communists. Dreyfus has protested the conviction of 
Communist leaders by signing statements in their behalf. 

In 1957 Dreyfus was an instructor at the California Labor School, 
one of the Communist Party schools operated for the purpose of 
indoctrinating Communists and outsiders in the theory and practice 
of communism and training Communist organizers and operatives. 

BERTRAM EDISES, CALIFORNIA 

This committee made an investigation of Communist activities in 
the San Francisco, Calif., area in 1953. At the hearings held on 
December 3, Bertram Edises was identified as a member of the political 
affairs committee of the Communist Party by Charles D. Blodgett, a 
former Communist and former reporter for the Daily People's World. 
He was again identified on June 19, 1957, by Dr. Jack Patten, another 
former Communist who recognized the ideological fallacies of the 
Communist Party line. 

Edises has served as a member of the legal staff of the East Bay Civil 
Rights Congress since its inception. As a matter of fact, it was 
brought out m sworn testimony that Edises was assigned by the Com- 
munist Party to work with the Civil Rights Congress in the East Bay 
area. In 1947 he was chairman of the organization, and he has also 
held the positions of general counsel and chief counsel of this Com- 
munist-front organization. The CRC retained Edises to represent 
certain defendants in both State and Federal courts. 

The activities of Bertram Edises on behalf of the Communist Party 
have not been confined to the Civil Rights Congress. In 1944 he was 
elected as an alternate member of the State committee of the Com- 
munist Political Association. In 1950 he was a candidate of the Inde- 
pendent Progressive Party for district attorney of Alameda County. 

Edises was one of the Bay area lawyers who, in a 1949 statement. 



COMMUNIST LEGAL SUBVERSION 37 

protested the action of Judge Medina when the judge sentenced a glx)up 
of defense hiwyers for contempt as a result of their conduct in the 
Smith Act trial of top Communist Party leaders in New York. 

An article by Bertram Edises appeared in the summer 1958 edition 
of the National lawyers Guild puolication, the Lawyers Guild Re- 
view, in which Edises again attacked the contempt sentences against 
the lawyers in the New York Smith Act trial. Entitled "Contempt of 
Court and the Lawyer: the L^nequal Combat," the article classified 
legal proceedings involving Communist leaders as "political trials" in 
which "the courts are used for the State's attempted suppression of 
unpopular opinion." Declaring that such trials "have been productive 
of Dad law and bad tempers," Edises asserted that, "It is therefore no 
accident that among the least defensible decisions in contempt cases 
have been those arising directly or indirectly out of the anti-Com- 
munist hysteria." 

Some of the other Communist-front organizations supported by 
Edises are the Washington Committee for Democratic Action, an 
organization whose alleged purpose was defending civil liberties in 
general but actually intended to protect Communist subversion from 
any penalties under the law, and the American League for Peace and 
Democracy, an organization which was nothing more nor less than a 
bold advocate of treason. The California Labor School had Edises' 
services as a teacher. He also supported the Committee for Peaceful 
Alternatives to the Atlantic Pact, a Communist front which sought 
to paralyze America's will to resist Communist aggression by idealiz- 
ing Russia's aims and methods. The Daily People's World, a Com- 
munist propaganda organ which, according to the sworn testimony 
of one of its former reporters, was used for directing the Communist 
movement and giving instruction to the fringe of the Communist 
movement, has had the support and praise of Bertram Edises for 
many years. 

PAULINE EPSTEIN, CALIFORNIA 

Pauline Epstein was identified as a member of the Communist 
Party by three fellow lawyers who had participated in party activities 
with her. The former Communist lawyers, David Aaron, A. Mar- 
burg Yerkes, and William G. Israel, te,stified before this committee on 
January 23, January 24, and January 25, 1952, respectively. 

Miss Epstein was subpenaed as a witness before the committee on 
September 30, 1952. She stated she had been engaged in the practice 
of law in Los Angeles since December 1933 but refused to answer all 
questions relating to Comm.unist Party membership on the grounds of 
possible self-incrimination. 

When Henry Steinberg, legislative director of the Los Angeles 
County Communist Party, was arrested in 1951 under the provisions 
of the Smith Act, Miss Epstein appeared as speaker at a meeting to 
organize a defense committee for Steinberg and raise funds for his 
benefit. 

As an attorney retained by the Communist-controlled Los Angeles 
Committee for Protection of Foreign Born, Miss Epstein was as- 
signed to represent several individuals facing deportation proceedings 
in the early 1950's based on membership in the Communist Party. 
Miss Epstem presided over a legal panel at the annual conference of 
the Los Angeles committee in February 1953. 

36911 0—58 6 



38 COMMUNIST LEGAL SUBVERSION 

In 1951 and 1952, Miss Epstein served as treasurer of the Los 
Angeles chapter of the National Lawyers Guild. She was elected to 
the executive board of the national guild organization at the guild's 
1956 and 1957 conventions. 

Miss Epstein was one of the signers of a motion asking the United 
States Supreme Court for permission to file a brief for a rehearing in 
the case of six Baltimore, Md., Communists subject to Smith Act 
proceedings. 

Committee files show that Pauline Epstein was scheduled as speaker 
at an American Russian Institute program on November 6, 1953, to 
commemorate the 36th anniversary of the founding of the Soviet 
Union. The Civil Rights Congress listed her as one of the financial 
contributors to its publication, Civil Rights Congress Tells the Story. 

J. ALLAN FRANKEL, CALIFORNIA 

J. Allan Frankel, who has practiced law in Los Angeles since 1911, 
was named as a member of a special lawyers' group of the Communist 
Party in Los Angeles by three former associates in the party, Lawyers 
David Aaron, A, Marburg Yerkes, and William G. Israel. The for- 
mer Communists testified before this committee on January 23, 24, 
and 25, 1952, respectively. Mr. Frankel was also identified as a Com- 
munist by Dr. Louise Light Silver, who testified regarding her past 
activities in the Communist Party in Los Angeles in a January 21, 
1952, appearance before this committee. 

Subpenaed as a witness before the committee on October 1, 1952, 
Mr. Frankel invoked the fifth amendment rather than answer ques- 
tions regarding Communist Party membership. 

Mt. Frankel's legal training has been put at the service of such 
Communist-controlled organizations as the American Cpnimittee for 
Protection of Foreign Born. In 1947 the ACPFB announced that 
Mr. Frankel had accepted a designation as its counsel for the Los 
Angeles area. As such, Mr. Frankel was required to represent this 
Communist front in his community and to serve in any local legal 
cases the organization chose to initiate. Mr. Frankel's role with the 
organization was not limited to legal w^ork. The committee has in its 
files a canceled check in the sum of $100 which was issued to Mr. 
Frankel on November 25, 1953, by the Los Angeles Committee for 
Protection of Foreign Born. A notation on the check stated the Los 
Angeles branch of the ACPFB was repaying Mr. Frankel for a loan 
on March 27, 1951. 

Mr. Frankel's name and professional status appear on a number of 
propaganda petitions issued by the Civil Rights Congress — for ex- 
ample, a 1948 petition in behalf of Communists indicted for con- 
tempt for failure to answer questions before a IjOS Angeles grand 
jury, and a 1951 appeal to the United States Attorney General in 
behalf of four jailed trustees of the bail fund of the New York Civil 
Rights Congress. In the latter period a CRC booklet. Civil Rights 
Congress Tells the Story, carried Mr. Frankel's name as one of the 
financial contributors to the publication. 

Mr. Frankel served on the legal advisory committee of the Inter- 
national Labor Defense in the 1930's. In more recent years he has 
been active in the National Lawyers Guild. He was listed as a mem- 
ber of the civil rights committee of the Los Angeles chapter of the 



COMMUNIST LEGAL SUBVERSION 39 

^iiild in 1949. He was one of the advertisers in the anniversary pro- 
gram issued by the national o:uild organization for its convention in 
February 1957. 

Protesting against a local Communist registration ordinance, Mr. 
Frankel submitted a brief to an El Monte, Calif., justice of the peace in 
1950. His name has also appeared on numerous statements in behalf 
of top national Communist Party leaders convicted under the Smith 
Act, as well as California and Maryland Communists convicted under 
the same legislation. 

The West Coast Communist newspaper, the Daily People's World, 
in 1952 printed May Day greetings it had received from Lawyer 
Frankel. 

DAVID M. FREEDMAN, NEW YORK 

Mortimer Riemer knew David Freedman as a fellow member of a 
special lawyer's group of the Communist Party in New York in 
1936.^^ Mr. Freedman was still an active party member in 1949, 
according to former party functionary John Lautner.^^ 

David M. Freedman was called as a witness before the Senate Per- 
manent Subcommittee on Investigations on September 18, 1953, and 
personally confronted by Mr. Lautner. Mr. Freedman invoked the 
fifth amendment rather than affirm or deny Mr. Lautner's identifica- 
tion of him as an active Communist. 

Mr. Freedman and his partners in the firm of Unger, Freedman & 
Fleischer were known as the Communist Party's lawyers, Mr. Lautner 
had also testified. 

As a witness in Queens Surrogate's Court in May 1950, Mr. Freed- 
man identified himself as a "dummy" incorporator and attorney for 
the Delcro Realty Corp. Testimony before the court indicated that 
the assets of this corporation involved property purchased as resi- 
dences for Communist Party officials in New York State. 

The Daily Worker publicized Mr. Freedman as being an attorney for 
the subversive Civil Rights Congress in 1949. Mr. Freedman had 
been active in the 1930's as attorney for the now defunct International 
Labor Defense. In that period, he was also frequently advertised as 
speaker at the official Communist Party school, the New York Workers 
School. 

He has long been active in the affairs of the National Lawyers Guild. 
In 1937, he served on the guild's connnittee on economic welfare of 
the legal profession. In 1954, as a member of a special committee of 
the guild's New York City chapter, he presented the results of the 
committee study at a guild conference in New York City. 

In 1947 and 1948, he sponsored the annual May Day parades organ- 
ized by the Communist Party. 

CHARLES R. GARRY, CALIFORNIA 

Charles R. (xarry, a practicing attorney in the city of San Francisco 
since 1938, was identified as a member of the (Communist Party by Dr. 
Jack Patten, former party member in that city who testified before 
this committee on June 19, 1957. 



* Testimony before House Committee on Un-American Activities. December 13, 1955. 
"Testimony before House Conimitte on In-American Activities, November 12, 1956; see 
also testimony before Senate Permanent Subcommittee on Investigations, September 18, 



40 COMMUNIST LEGAL SUBVERSION 

Mr. Garry was siibpenaed as a witness by the committee on June 21, 
1957, but refused to ansAver questions regarding activities in the Com- 
munist Party on the grounds of possible self-incrimination. 

Communist-run organizations and campaigns in the Northern Cali- 
fornia area liave been able to rely on Mr. Garry both for legal services 
and for leadership roles. 

The subversive Civil Rights Congress retained Mr. Garry in 1949 
and 1952 to represent a number of defendants involved in legal pro- 
ceedings in San Francisco. In 1949, he also served as spokesman for 
a delegation — organized by the Civil Rights Congress — which ap- 
peared before a local United States attorney to protest contempt sen- 
tences meted out to various identified Communists in Los Angeles for 
failing to answer Federal grand jury questions. He was featured as 
a speaker at local Civil Rights Congress propaganda rallies, such as an 
October 1949 mass meeting in San Francisco which raised $5,000 for a 
bail fund for Communist Party defendants in legal proceedings, and 
an October 1953 mass meeting exploiting the "Wesley Wells case. His 
name appeared on the San Francisco Civil Rights Congress petition 
to halt deportation proceedings against identified Communist aliens 
John Santo, Michael Obermeier, Alex Bittelman and Claudia Jones. 

A member of the National Lawyers Guild since he was admitted to 
the bar in 1938, Mr. Garry represented the San Francisco chapter of 
the guild in submitting a brief against a local Communist registration 
ordinance in 1950. In that year, he was listed as a member of the 
executive board of the San Francisco chapter. Mr. Garry served as 
president of the chapter from 1951 through 1954. As chapter presi- 
dent, he signed a National Lawyers Guild friend of the court brief 
in 1954 in behalf of Mrs. Edith Brooks, who had been denied admis- 
sion to the bar of California after refusing to tell a bar examining 
committee whether or not she had ever been a member of the Com- 
munist Party. 

Mr. Garry was a delegate from the Bay area to the guild's national 
convention in 1954. At the 1956 national convention, he appeared as 
a panel speaker and was elected by the convention to the guild's na- 
tional executive board. He was reelected to the executive board at the 
1957 national convention, where he also served as chairman of the 
nominating committee. 

In 1948, as a candidate of the Independent Progressive Party, Mr. 
Garry unsuccessfully sought election to the United States House of 
Representatives from California's Fifth Congressional District. He 
again attempted to gain a House seat with the same Communist- 
controlled political backing in a special election held in 1949. 

As a political candidate in 1948, Mr. Garry announced his opposi- 
tion to the Mundt-Nixon anti-Communist bill, the provisions of 
which became part of the Internal Security Act of 1950. At a series 
of public meetnigs during the same year, he was billed as a speaker 
against this so-called "police state'' legislation and on one occasion 
personally joined a delegation to the San Francisco Board of Super- 
visors urging a board resolution to Congress against the bill. In his 
1949 campaign for Congress, Mr. Garry's speeches continued to em- 
phasize his opposition to official action against the Communist con- 
spiracy. Typical was his radio speech in October 1949 in which he 
branded the Taft-Hartley Act, loyalty checks, deportations, and the 



COMMUNIST LEGAL SUBVERSION 41 

Smith Act trial of 11 national Communist Party leaders in New York 
as ''part of the curtain of fear being drawn about our liberties.'' 

In 1951, Charles Garry was publicized as being one of the signers 
of a number of statements pi*otesting the United States Supreme 
Court's action in upholding the conviction of top Communist Party 
leaders under the Smith Act? the statements called for outright repeal 
of the anti-Communist legislation. Mr. Garry in 1953 was one of the 
signers of a motion asking the United States Supreme Court for per- 
mission to file a brief for a rehearing for Baltimore, Md., Communist 
Party leaders convicted under the Smith Act. 

Other Communist fronts in which Mr. Garry played a leading role 
include the California Labor School and the International Workers 
Order, which scheduled him as featured speaker. The IWO has been 
cited as one of the most effective and closely knit organizations among 
Communist- front movements. Mr. Garry has also acted as an official 
sponsor and meeting chairman for the San Francisco Committee To 
Save the Rosenbergs. 

RICHARD GLADSTEIN, CALIFORNIA 

Richard Gladstein, who has spent a large part of his time in the 
defense of Communist causes, was identified as a member of the Com- 
munist Party by Dr. Jack Patten in sworn testimony before this 
committee on June 19, 1957. 

Mr. Gladstein was admitted to the bar in 1931. With Aubrey 
Grossman, another identified Communist, he opened a law firm in 
San Francisco in 1936. They were credited in the Daily People's 
World with training the staffs for the Los Angeles law firm of Mar- 
golis & McTenian, the Honolulu firm of Bouslog & Symonds and the 
Oakland firm of Edises and Treuhaft. It is interesting to note that 
all of these lawyers except Symonds ^^ have been publicly identified 
as members of the Communist Party in sworn testimony before this 
committee. 

In 1949 Gladstein was one of the panel of attorneys defending the 
11 national (^ommunist leaders tried under the Smith Act. His 
abusive treatment of the court in this instance led Judge Medina to 
cite him for contempt of court and impose upon him a sentence of 6 
months in jail. This report has already made reference to the fre- 
quent and deliberate efforts on the part of the defense attorneys to 
inject Communist propaganda into the record of this trial. 

Mr. Gladstein served as official attorney for the Marine Cooks and 
Stewards Association of the Pacific, which was expelled from the 
CIO in 1950 for adhering to the Communist Party line. While serv- 
ing as attorney, he worked vigorously to promote Communist control 
not only over the Marine Cooks union but other waterfront unions. 
This was documented in an affidavit submitted to the California Com- 
mittee on Un-American Activities in December 1946 by William P. M. 
Brandhove. Brandhove, who had been in the merchant marine for 
15 years, stated he had become increasingly aware of the influence 
of Communists in the Marine Cooks and Stewards Union and he 
determined to gain membership in the Communist Party in order to 



" Mjer C. Symonds appeared before the Senate Internal Security Subconunitte on De- 
cember 5. 195-6. and invoked the fifth amendment in response to questions regarding Com- 
munist Party membership and activities. 



42 COMMUNIST LEGAL SUBVERSION 

see what methods the Communists were using. He cultivated the 
friendship of one of the leading Communists in the maritime union 
field. After a 4-month indoctrination period, Brandhove became a 
member of the Communist Party in February 1945 under the sponsor- 
ship of Hugh Bryson, president of the union. 

As a member of the party Brandhove discovered that Communists 
controlled the Marine Cooks and Stewards Union through the installa- 
tion of Communists in official union positions and through rigged 
union meetings. 

Brandhove related that in April 1945, a top Communist fraction 
meeting was held at the home of Bryson, with Richard Gladstein, 
official union lawyer, acting as chairman. According to Brandhove, 
Gladstein announced that there would be a convention of the Marine 
Cooks and Stewards Union in July to adopt a new constitution. Glad- 
stein allegedly boasted that the Communist Party had managed to get 
complete control of the finances and policy of the National Maritime 
Union, after the union adopted a Communist-rigged constitution. 
Gladstein then stated that the party had difficulty in getting "funds for 
furthering its program" from the Marine Cooks treasury under the 
existing constitution and that he had instructions from the party to 
prepare a new constitution for the Marine Cooks and Stewards Union 
for presentation and passage at the July convention. It was agreed at 
the fraction meeting that the best method of controlling the Marine 
Cooks convention would be to have party members assigned through the 
dispatchers' office to different ships, preferably coastwise, and notify 
only those ships where comrades were presently assigned that a 
convention was to take place. 

Just prior to the convention, a meeting was held of all party mem- 
bers and fellow travelers. Brandhove reported that Richard Glad- 
stein told them that a well organized, harmonious convention could 
best be achieved by advance agreement on strategy and committee 
arrangements. 

Despite the fact that Brandhove, by exposing the Communist plot, 
made a desperate attempt to stop passage of Gladstein's constitution 
at the convention, he was unable to muster more than seven supporters 
who were delegates to the Communist-packed convention. 

In 1947 the American Committee for Protection of Foreign Born 
appointed Gladstein to be its local counsel in San Francisco. His work 
for the ACPFB was sufficient to win from the organization public 
praise for "contributing unselfishly" of his time. 

Gladstein was among those who signed a letter sponsored by the 
Civil Rights Congress in 1948 protesting the deportation of Commu- 
nists. A member of the National Lawyers Guild, he was elected vice 
president of the organization in 1950. When the guild held its 19th 
annual convention m November 1954, Gladstein was a delegate to the 
convention from the Bay area. He was associate editor of the Lawyers 
Guild Review in 1948. 

Richard Gladstein has frequently used his legal training and speak- 
ing ability to serve Communist-controlled organizations as a public 
speaker and law analyst. In 1947 he was asked to analyze the Taft- 
Hartley law for the leaders of the United Office and Professional 
Workers of America at a conference called to develop a fighting pro- 
gram to protect members against what the UOPWA called "this 



COMMUNIST LEGAL SUBVERSION 43 

vicious" legislation. The UOPWA was expelled from the CIO in 
1950 for its adherence to the Communist Party line. 

After the Smith Act conviction of the national Communist leaders, 
(jladstein made a speaking tour of major West Coast cities, addressing 
lawyers and reading to them excerpts from the trial. The National 
Guardian, a publication which has manifested itself from the begin- 
ning as a virtual official propaganda arm of Soviet Russia, in com- 
menting on the tour, reported that people to whom the excerpts were 
read were astounded at the lack of justice and fair play on the part 
of Judge Medina. 

In 1951, the California Labor School scheduled Gladstein as head of 
a panel of attorneys who would discuss the recent California Commit- 
tee on Un-American Activities hearings and would explain how people 
might "protect their rights" against "these un-American activities 
committees." 

When the American Committee for Protection of Foreign Born used 
his services as a speaker on one occasion in 1951, Gladstein was adver- 
tised as a noted constitutional authority who would analyze "the 
Walter-McCarran Act ; Death to American Liberty." 

AUBREY W. GROSSMAN, CALIFORNIA 

Aubrey Grossman was identified as a Communist in sworn testimony 
before this committee on six different occasions. The Communist 
Party itself has publicized Mr. Grossman's role as one of its leaders 
and functionaries. 

Grossman appeared as a witness before this committee on December 
1 1, 1956, and refused to answer all questions concerning the Commu- 
nist Party, basing his refusal on the protection of the fifth amendment. 

With Richard Gladstein, he bpened a law firm in San Francisco 
in 1936. 

Grossman was defense attorney for Earl King in the King-Ramsay- 
Conner murder trial in the late 1930's. Sworn testimony before this 
committee showed that although King was an identified Communist, 
the principal reason for the Communist Party's interest in the case 
was that it gave the party an opportunity to ridicule and discredit the 
prosecuting attorney. A publicity campaign was launched which cost 
the party over $16,000, raised by assessing members of the various 
trade-union movements. Despite this effort, the campaign failed. 

By 1945 Lawyer Aubrey Grossman had achieved such stature within 
the party that he was given the position of educational director of the 
Communist Party for the city and county of San Francisco, and was 
appointed alternate delegate to the (^ommunist Party convention in 
New York. This was a convention of 93 handpicked delegates who 
were obligated in advance to insist on the reconstitution of the Com- 
munist Party, previously known as the Communist Political Associa- 
tion, and the ouster of Earl Browder in conformity with the Duclos 
letter. 

The (^ivil Riglits Congress was founded in Detroit, in April 1946, 
under the direction of the Communist Party. It was created because 
the party's national committee felt there would be a need for a vital 
and strong "civil rights" organization to take care of party members 
w^ho were likely to be implicated with the law as a result of the party's 



44 COMMUNIST LEGAL SUBVERSION 

new program, and which would have a large bail fund.^^ In 1948 
a number of the Communist Party leaders were arrested and indicted. 
After they were released on bail posted by the Civil Rights Congress 
bail fund, they met at party headquarters and placed the responsibility 
upon the Civil Rights Congress to be the party's defense agency, to 
carry on the legal campaign and a mass campaign to mobilize public 
opinion in behalf of the indicted leaders. 

Aubrey Grossman was appointed West Coast director of the Civil 
Rights Congress, and one of his first assignments was to coordinate 
the campaign to defend the 12 Communist leaders indicted on Smith 
Act violations. 

In addition to coordinating the defense campaign for these Com- 
munist leaders who were dedicated to the overthrow of our Govern- 
ment, Lawyer Grossman was active in the propaganda campaign. 
Through the Communist press, he asked trade unions to adopt a reso- 
lution supporting the position of the Communist Party leaders in 
denouncing the witnesses for the Government, and to make the reso- 
lution known to Judge Medina. 

The Daily People's World of August 19, 1949, published an article 
by Mr. Grossman in which he denounced the Government witnesses. 
He charged : 

* * * the common denominator of almost all important attacks 
on civil rights is the stool pigeon. For example, the Un-Amer- 
ican committees. Federal and State; the deportation cases, the 
Christoifel and Bridges cases, the stream of witnesses who call 
the fight for Negro rights "a Communist plot" ; the new phase of 
the Los Angeles grand jury inquisition, and finally, the New York 
trial of the Communist Party. 
According to Mr. Grossman : 

The Government is aiming at outlawing Marxism in this trial. 
Everybody knows that Marxism is a body of ideas, principles 
and a philosophy which has influenced world thought and world 
thinkers for more than 100 years. * * * On what basis would 
the LTnited States Government declare illegal this idea which is 
now so influential in the world ? * * * On the testimony of stool- 
pigeons. 
Alter the Communist leaders were convicted and their attorneys 
punished for contempt of court, Grossman wrote another article in 
the Daily People's World praising the defense lawyers because they 
"fought courageously to expose the real issues and the picture began 
to emerge : the banker jury, the judge who was later to be rewarded 
by the administration * * * and the bought-and-paid-for witnesses 
who were used by the Government with full knowledge of their cor- 
ruption and their lies." He then attacked Judge Medina's reason for 
charging the lawyers with contempt: "This highfalutin language 
refers simply to an exposure of the jury system, by which final judg- 
ment as to the legality of the Communist Party and the ideas of 
socialism was vested in a blue-ribbon jury made up in large part by 
nominations from large corporations, from the social register, etc., 
and from which practically all workers were excluded. The jury 
system which the Foley Square lawyers carefully laid bare, shows up 



2* Subversive Activities Control Board v. Civil Rights Congress, Docket 106-53. 



COMMUNIST LEGAL SUBVERSION 45 

the political frameup of the trial and its class essence." Lawyer 
Grossman concluded nis article by saying, "The program of disbar- 
ment and intimidation of lawyers has as its aim the denial of legal 
representation to political, labor, and Negro victims. * * * The de- 
fense against the thought -control Smith and McCarran Acts * * * 
will be immeasurably weakened without the assistance of tested and 
seasoned la^^'yer- veterans of the civil rights struggle." 

These excerpts are just a small sample of the type of technical 
deception used by Aubrey Grossman to mobilize puolic opinion in 
behalf of the Communists. 

Shortly after Grossman's appointment as Pacific Coast director of 
the Civil Eights Congress, the Daily People's World published an 
article entitled "If the Federal Bureau of Investigation Should 
Bother You * * * Civil Eights Expert Tells What To Do." The 
"expert" in question was Aubrey Grossman, who advised those ap- 
proached by FBI agents to refuse to cooperate or have any discussion 
with them. He concluded, "If you oppose witch hunting you should 
do nothing to cooperate with it, such a course is in the interest of the 
fight against witch hunts and in your own interest as well." 

Mr. Grossman's work evidently pleased the party leaders and in 
1950 he became the national organizational secretary of the Civil 
Eights Congress and assumed the still higher position of organiza- 
tional director in 1951. 

In testimony before the Subversive Activities Control Board,^^ a 
witness told of a secret Communist Party meeting in St. Louis, Mo., 
in 1951 which he attended and at which Aubrey Grossman, national 
Civil Eights Congress official and party functionary was present. 
According to the witness, Aubrey Grossman stated that he had come 
to St. Louis to guarantee the continued operation of the Civil Eights 
Congress because the party might not be able to continue operating 
as the Communist Party and planned, therefore, to function through 
the Civil Eights Congress. Mr. Grossman was also reported as 
stating that he and William Patterson were covering key cities to 
insure that the party would have a channel through which its opera- 
tions could continue if, for security reasons, it could not operate in 
its own name. 

In 1952 Julius and Ethel Eosenberg who had supplied Eussia Avith 
our atomic secrets, were convicted of espionage and Nvere awaiting 
execution in Sing Sing prison. Grossman went to the prison with a 
Civil Eights Congress delegation demanding clemency for the traitors. 

In 1953 Grossman returned from New York to California. A 
month after his return he delivered a series of lectures concerning 
"McCarthyism" and recent "Supreme Court decisions" at the Com- 
munist California Labor School. 

He reentered private law practice and became associated with the 
Edises and Treuhaft law firm ; both of these law partners have been 
identified as (^ommunists. 

Aubrey Grossman's efforts in behalf of the Communist conspiracy 
and his defense of Communist ideology have been voluminous. He 
has supported such other phases of the movement as the Lawyers 
Committee To Keep the United States Out of War, an organization 



» Ibid. 



46 COMMUNIST LEGAL SUBVERSION 

set up by the Communist Party after the Stalin-Hitler pact in order 
to agitate to keep America out of the "imperialistic war" ; the National 
Lawyers Guild; the Northern California Committee for Protection 
of Foreign Bom ; and the United May Day Committee. 

ABRAHAM J. ISSERMAN. NEW JERSEY 

Abraham J. Isserman was identified as a Communist and an attor- 
ney for the Communist Party in New Jersey in testimony before this 
committee. The identification was made on September 11, 1939, by 
Benjamin Gitlow, who had helped to organize the Communist Party 
in the United States and had served as its secretary general. In 1929 
Gitlow was expelled from the party because he refused to accept 
Stalin's order to put William Z. Foster at the head of the American 
Communist Party. 

During the Smith Act trial of the 11 United States Communist 
leaders in 1949, Abraham J. Isserman served as attorney for two of 
the party's top men, John Williamson, national trade union secretary, 
and Benjamin J. Davis. 

Lawyer Isserman 's actions at the trial showed a complete abandon- 
ment of all respect for the dignity of the court. His insults and 
mockery earned for him a conviction of contempt on 7 counts and 
a sentence of 4 months in jail. 

After the trial, in a lecture to law students at Yale, this identified 
Communist and lawyer ridiculed the Government witnesses, lashing 
out at the role played by the "stool pigeons." 

Abraham Isserman for many years has been a leading figure in 
Commuaist- front organizations. 

He was counsel for the, International Labor Defense. He was also 
a member of the resolutions committee <)f this organization^ w^hich \yas 
created by the Communist Party to act as the party's legal arm, and 
to furnish bail and legal representation to party members who became 
involved with legal authorities. 

He was one of the founders of the International Juridical Asso- 
ciation, the Communist-controlled offshoot of the International Labor 
Defense. 

In June 1940, Mr. Isserman sponsored a "Conference on Constitu- 
tional Liberties in America." From this conference there emerged 
the National Federation for Constitutional Liberties. A. J. Isserman 
was appointed a member of the executive committee of this new 
Communist front. In September of the same year, as attorney for 
the National Federation for Constitutional Liberties, he filed suit 
against the Commissioners of the District of Columbia because of 
police action in dispersing a mob gathered on the steps of the Supreme 
Court to protest against the conscription bill. 

This gathering had been instigated by the American Peace Mobili- 
zation, another Communist-front organization formed in 1940 under 
the auspices of the Communist Party and the Young Communist 
League. It was designed to mold American public opinion against 
participation in the war against Germany. Its existence terminated 
within a month after the German invasion of Russia, when it became 
American People's Mobilization and adopted a program favoring com- 
plete assistance to Britain, Russia, and China. 



COMMUNIST LEGAL SUBVERSION 47 

From its very beginning, the National Federation for Constitu- 
tional Liberties vigorously opposed congressional committees investi- 
fating communism. In 1941, it published a pamphlet prepared by Mr. 
sserman entitled "Investigation Committees and Civil Rights," in 
■which the author voiced his opposition to such committees of Congress, 
in particular the House Committee on Un-American Activities. He 
advised his readers against any cooperation with the committees. 

Mr. Isserman was still on the executive committee of the National 
Federation for Constitutional Liberties in 1946 when it was merged 
into the Civil Rights Congress. He was a member of the organization 
committee of this latter Communist front at the time of its formation, 
and also diligently served the Civil Rights Congress both as an at- 
torney and in its all-important bail-fund drives. 

While Lawyer Isserman was busily engaged in the foundation and 
development of the legal fronts being established to protect Com- 
munist comrades, he was active in Communist propaganda fronts as 
well. Mr. Isserman was New Jersey State chairman of the American 
League Against War and Fascism, a Communist front established in 
an effort to create public sentiment .on behalf of a foreign policy 
adapted to the interests of the Soviet Union. The name of this front 
was changed in 1937 to the American League for I^eace and De- 
mocracy. 

Mr. Isserman also held several offices in the latter Communist-front 
organization : member of the national committee, a member of the 
executive committee of the New York City division, and a member of 
the civil rights commission. The ALPD has also had the advantage 
of his services as a speaker. 

He was a member of the executive committee of the ^Council for 
Pan American Democracy, a Communist front which defended Luis 
Carlos Prestes, a Brazilian Communist leader and former member of 
the executive committee of the Communist International. 

This lawyer has delivered speeches at many social functions of the 
National Council of the Arts, Sciences, and Professions, a Communist- 
front organization used to appeal to special occupational groups. 
In 1951, the organization held meetings to mobilize resistance against 
the House Un-American Activities Committee's hearings, scheduled 
on September 17 in Hollywood. In a speech before the ASP, Isser- 
man stressed the need for activity in opposition to the Committee on 
Un-American Activities and in the movement for reversal of the Su- 
preme Court decision upholding the Smith Act convictions of Com- 
munist leaders. He called for all-out support of an ASP mass meet- 
ing to be staged later in September, at which those questioned by the 
Committee on Un-American Activities would "fight back." 

Abraham Isserman was disbarred from the practice of law in New 
Jersey by the supreme court of that State in 1951. He was also sus- 
pended from practice for 2 years in the Federal court in the southern 
district of New York. In 1952, the United States Supreme Court 
disbarred Isserman from practice before it. This decision was later 
reversed after the Court reasoned that Mr. Isserman had been pun- 
ished sufficiently for his unprofessional conduct at the 1949 trial of 
the Communist leaders. 

On January 29, 1958, Abraham Isserman was disbarred from prac- 
tice in the Federal court in the southern district of New York. The 
disbarment was ordered on the petition of the Association of the Bar 



48 COMMUNIST LEGAL SUBVERSION 

of the City of Xew York and the Xew York County Lawyers Asso- 
ciation because, in applying for admission to the bar, he had concealed 
a conviction for moral turpitude. The judge said in his ruling: 
"It can truthfully be said that he [Isserman] has perpetrated a fraud 
on every court to which we know he was admitted and his career 
shows an impudent disdain for all courts and an habitual disregard 
of the truth and of his professional duty of candor in his dealings 
with them." 

LEON JOSEPHSON, NEW JERSEY 

Leon Josephson was identified as having been a Communist and 
agent of Soviet Eussia as far back as the late 192'0's by Fred E. Beal, 
a former Communist, who testified before the committee on October 
18, 1939, and again on March 21, 1947. Josephson was again identi- 
fied on March 21, 1947, by Liston M. Oak, a former Communist who 
had served on the editorial staff of the Daily Worker. 

The testimony before this committee disclosed that Leon Joseph- 
son, a native of Latvia, now a part of the Soviet Union, was educated 
in the United States and became a citizen in 1921. In the same year 
he was admitted to the bar in the State of New Jersey. Josephson 
began to practice law in Trenton, N. J. in 1926. 

An attorney for the International Labor Defense, Josephson was 
one of the Communists sent by the party to Charlotte, N. C, in 1929 
to try to guide the "defense'' of seven men who were tried and con- 
victed by the State of North Carolina for the murder of the chief of 
police at Gastonia. The death of the chief occurred during a strike 
of the Communist inspired and controlled union called the National 
Textile Workers. 

Fred Beal, who was one of the seven defendants, informed this 
committee that Leon Josephson, although he did not take i^art in the 
trial itself, instructed each of the defendants on what they should 
say if they took the stand and emphasized that when they were being 
sworn they should refuse to say "So help me God." Josephson rea- 
soned that it was "time now for the Southern workers to wake up and 
become educated," according to Mr. Beal. 

The men were convicted and released on bail pending an appeal. 
Leon Josephson was then instrumental in securing money and false 
passports which enabled all seven defendants to jump bail and flee 
from the United States to Russia. Mr. Beal decided to face justice 
and returned to the United States. He testified that upon his return, 
Josephson tried to persuade him to go back to Russia. When Mr. 
Beal refused, he overheard Mr. Josephson say to Communist Party 
chairman William Z. Foster : "What we should have done to him was 
to have knocked him out over there in Soviet Russia, got rid of him 
once and for all, instead of having him over here." Mr. Beal further 
testified: "They [the Communist leaders] said it would be very bad 
for Soviet Russia if the people in this country found out that I re- 
turned to this country and was willing to go to prison." 

Liston Oak testified that Josephson's job at the Gastonia trial was 
to induce the defense counsel to follow a "class struggle line," and 
to utilize the trial for Communist propaganda rather than merely 
to get the defendants acquitted. Testimony of Mr. Oak also revealed 
that while Josephson was practicing law in Trenton, N. J., he boasted 
that he was in a position to get valuable information from clients, 
including a railroad, to forward to the Kremlin, 



COMMUNIST LEGAL SUBVERSION 49 

In 1932 Josephson became an employee of Amtorg, the official 
Soviet purchasing agency here. He made frequent trips to Europe — 
during 1927, 1930, and 1931 — and in 1935 he again embarked for 
Europe accompanied by George Mink, a particularly infamous Com- 
munist spy. On this trip he was arrested in Denmark and charged 
with espionage. Two of Josephson's companions, Mink and a man 
who had an American passport in the name of Nicholas Sherman, were 
also arrested. The 3 were brought to trial and Josephson was ac- 
quitted, the other 2 convicted. Mink later told Liston Oak that 
Josephson was acquitted because he was a lawyer. After he was 
released Josephson visited the American consulate and had an inter- 
view with Mr. Ivester Maynard, the American consul general. A let- 
ter from Mr. Maynard concerning the interview states : "He [Joseph- 
son] stated that to him communism is more than a political theory 
or belief and is a religion. He stated that he is an atheist and a mem- 
ber of the active Communist Party in America and in its inner 
circles. * * * He then explained to me his personal views in regard 
to the Communist movement, the pertinent part of which was that 
he considered the orders of his committee superior to the laws of the 
United States and that he would do anything 'short of murder' to 
carry out the committee's orders." 

In 1937 an article written by Leon Josephson appeared in The 
Communist, a publication which was the official theoretical organ of 
the Communist Party of the United States. There, Leon Josephson 
openly proclaimed his dedication to the Communist conspiracy : 

On this occasion of the celebration.of 20 years of Soviet power, 
the magnificent constitution of the U. S. S. R. lights up for the 
American working masses the road that they, too, under the lead- 
ership of the Communist Party, must follow to defeat and end 
for all time crises, unemployment, reaction, and war — ^the road 
to Soviet America and its Socialist constitution. 

Leon Josephson was subpenaed by the Un-American Activities Com- 
mittee to appear as a witness at hearings regarding Gerhart Eisler, 
chief international Communist representative in the United States. 
During the hearings considerable documentary evidence was presented 
to the committee which indicated that Leon Josephson wrote a pass- 
port application in the name of one Samuel Liptzen, but which bore 
the photograph of Gerhart Eisler and was subsequently used by Eisler 
in his travels in the service of the international Communist conspiracy. 

Josephson appeared before the committee on March 5, 1947, refused 
to be sworn, and refused to give testimony. 

The following day the Daily Worker issued a statement by Joseph- 
son in which he declared: "I am a Communist. * * * I am not 
ashamed of what I did ; on the contrary, I am proud of it." On July 
17, 1947, Josephson appeared as a witness at Gerhart Eisler's trial 
for contempt of Congress and admitted that he helped Eisler get an ' 
American passport to enable him to travel to Germany. Wlien asked 
by the prosecuting attorney if he had sworn falsely on the 1934 pass- 
port application for Eisler's use, Josephson said, "I swore falsely and 
I would do so again." Josephson himself was subsequently convicted 
of contempt of Congress and served a prison sentence as a result. 

Upon his release from prison January 16, 1949, the Daily Worker 
reported that Josephson said, "I have a greater will to fight than ever 



50 COMMUNIST LEGAL SUBVERSION 

before." Josephson told John Williamson, John Gates, Henir 
Winston, Jack Stachel, and other Communist leaders under Smith 
Act indictments, who had come to LaGuardia Airport to greet him, 
"I'll be with you in court in the morning to help your fight for 
freedom." 

One of Josephson's first commitments after his release from prison 
was to speak at a rally sponsored by the New Jersey Communist Party. 
In April the Worker and People's World published an article by him 
entitled "Legal Fact — and Fiction." The caption read : "Is there such 
a thing as an impartial jury? An impartial judge? Here is an at- 
torney's answer * * *." Josephson in the article attempted to prove 
that it was impossible for a judge or jurors to be unbiased, and there- 
fore impossible for the 11 Communist leaders to have a fair triaL 
Josephson further charged that "Judge Medina's resort to the use of 
legal fictions in the trial of the 11 Communists has infected that trial 
with the 'principles of rottenness'." 

In July 1949 Josephson wrote an article in the Daily Worker titled 
"True Justice Is Weeping," in which he discussed the trial of Carl 
Marzani, for lying about his Communist affiliations when he applied 
for a Government position. Josephson claimed Marzani was being 
tried because of Marzani's opposition to "big business." 

Lawyer Leon Josephson was scheduled to analyze the McCarran 
Act at a conference of the New York State Civil Rights Congress in 
October 1950. The conference was held to plan a nationwide cam- 
paign to demand the repeal of the McCarran Act, coinciding with the 
reconvening of Congress. Josephson, through a letter in the Daily 
Worker, made an appeal for volunteers to help "get out the mail" in 
the "McCarran law fight." 

Josephson gave a series of lectures on Marxism and the Law at the 
Jefferson School in 1949 and 1950. In October 1949, he also wrote 
an article in the Daily Worker on the subject, "Justice Is Dollar 
Made — Marxism-Leninism on Trial,'' in which he said: 

The democratic principle, the greatest good for the greatest 

number, is the very essence of the ethics of Marxism-Leninism. 

This principle can only flourish when — the individual liberty of 

the capitalist is denied * * * 

The idea that our Government impartially represents all of the 

people is pure fiction * * * 
Prejudice and bias sit alongside of almost every robed figure 

on the bench. Impartiality of the law is pure fiction. 
In 1954 Josephson taught a Jefferson School course on "Soviet 
Life," in which he "evaluated" current anti-Soviet propaganda in 
the light of actual developments in the U. S. S. R. He also gave a 
course on Soviet law for laymen in which he interpreted Soviet law 
regarding the family, housing, labor, crime, and punishment. 

In October 1953 Josephson invoked the fifth amendment as a witness 
before the Senate Internal Security Subcommittee. 

In the May 1957 issue of Mainstream, a Communist publication, 
Leon Josephson wrote an article on "The Individual in Soviet Law," 
in which he set out to show the superiority of Soviet justice with a 
series of quotations from the Soviet Criminal Code. He interpreted 
the terror of the Stalin era as being necessary because of the threat 
"from a foreign power which ringed the Soviet Union with military 



COMMUNIST LEGAL SUBVERSION 51 

bases and threatened to annihilate her with the atom bomb." After a 
comparison of American laws with those of the Soviet he wrote : "In 
brier, the average Soviet citizen has all the protection our law affords, 
and then some.' Josephson concluded his article with, "Certainly the 
Soviet Union has made mistakes, but whatever the mistakes, however 
it may lag behind our original hopes or our personal opinions as to 
how things should be done, the Russian Socialist Revolution proved to 
be the greatest step forward in the evolution of mankind." 

A letter to the editor in the September 1957 issue of Mainstream 
asked Mr. Josephson about the justice of Soviet law concerning polit- 
ical offenses, to which Mr. Josephson replied, "If I attempted to under- 
mine or overthrow the Soviet state, I would deserve the merited fate 
of all enemies of the people. * * * Political activity against an ex- 
ploiter state in the interest of the vast majority of the people is both 
democratic and moral ; action against a Socialist state * * * is anti- 
democratic and immoral." 

Such is the philosophy of Leon Josephson, LL. B., member of the 
bar of the State of New Jersey. 

HARRY M. JUSTIZ, NEW YORK 

Harry M. Justiz was identified as a member of the Communist Party 
on February 21, 1950, by Matthew Cvetic, former undercover agent 
for the Federal Bureau of Investigation. 

Justiz had appeared as a witness before this committee in 1946. As 
a member of the executive board of the Joint Anti-Fascist Refugee 
Committee, he was served with a subpena duces tecum and ordered to 
produce certain records of this Communist- front organization engaged 
in the defense, transportation, and support of foreign Communist 
agents. Lawyer Justiz refused to honor the subpena; therefore, he 
was cited for, and convicted of, contempt of Congress, fined $500, and 
sentenced to 3 months in jail. 

Mr. Justiz has supported many Communist-front organizations 
specializing in the defense of Communist cases, including the National 
Federation for Constitutional Liberties and the National Emergency 
Conference for Democratic Rights, a protective organization built by 
the Communists during the days of the Soviet-Nazi pact. 

He was also a supporter of the Lawyers Committee To Keep the 
United States Out of "War and the Emergency Peace Mobilization 
during this same Hitler-Stalin pact period. He was a member of the 
International Workers Order; on the executive board of the Joint 
Anti-Fascist Refugee Committee and the American Slav Congress of 
Greater New York, a Moscow-inspired and directed federation of 
Communist-dominated organizations seeking by methods of propa- 
ganda and pressure to subvert the 10 million people in this country of 
Slavic birth or descent. Justiz was a member of the auditing com- 
mittee of the American x4.ssociation for Reconstruction in Yugoslavia, 
Inc. This organization was a Communist front whose functions were 
designed to victimize Slavic Americans for Communist purposes. 
Harry Justiz was also a member of the subversive and Communist- 
controlled United Committee of South Slavic Americans, and on the 
board of directors of the American Committee for Protection of 
Foreign Born. He served as counsel for the New York chapter of the 
Yugoslav Committee for Protection of Foreign Born. 



52 COMMUNIST LEGAL SUBVERSION 

CHARLES J. KATZ, CALIFORNIA 

Charles Katz was identified as a member of a Communist lawyers' 
group in Los Angeles by former Communists A. Marburg Yerkes on 
January 24, 1952; Milton S. Tyre on December 14, 1951 ; and William 
G. Israel on January 25, 1952, in testimony before the Committee on 
Un-American Activities. Mr. Katz was also identified as a member 
of the Communist Party by Martin Berkeley in testimony before this 
committee on September 19, 1951. 

Charles J. Katz appeared before this committee on October 1, 1952, 
and stated that he had been a member of the legal profession for a 
quarter of a century in Los Angeles. However, he refused to state 
whether he was then, or ever had been, a member of the Communist 
Party, invoking the first and fifth amendments. 

Mr. Katz was one of 11 Los Angeles lawyers who signed a brief as 
friend of the court in asking a judge to throw out charges against 
Henry Steinberg, legislative director of the Los Angeles County 
Communist Party, after he was arrested in 1950 for failure to comply 
with a Los Angeles County ordinance requiring the registration of 
Communists. 

Mr. Katz was a member, in 1937, of the committee on civil rights 
and liberties of the National Lawyers Guild. Mr. Katz was also on 
the convention resolutions committee and a participant in the dis- 
cussion of "The Eight to Strike and Compulsory Arbitration" at the 
fifth annual convention of the National Lawyers Guild in 1941. 

Charles Katz was a member of the executive council of the Holly- 
wood Independent Citizens' Committee of the Arts, Sciences, and Pro- 
fessions, a Communist front. . 

Mr. Katz was a scheduled speaker at a concert in 1946 celebrating 
the opening of the Los Angeles convention of the Jewish Peoples 
Fraternal Order and reception for Albert E. Kahn, national presi- 
dent of JPFO. The JPFO has been cited as Commmiist and among 
the "national group societies of International Workers Order," Mr. 
Katz was a member of the California sponsoring committee, southern 
division, of the Harry Bridges Defense Committee. The Bridges 
Defense Committee was cited as a Communist front formed to oppose 
deportation of Harry Bridges, Communist Party member and leader 
of the disastrous San Francisco general strike of 1934 which was 
planned by the Communist Party. 

SEYMOUR MANDEL, CALIFORNIA 

Seymour Mandel was identified as a member of the Communist 
Party by former Communist Party members, Milton S. Tyre on De- 
cember 14, 1951; David Aaron on January 23, 1952; A. Marburg 
Yerkes on January 24, 1952, and William G. Israel on January 25, 
1952, when they testified before the Committee on LTn- American Ac- 
tivities. David Aaron also testified that at one time Seymour Mandel 
was executive secretary of the National Lawyers Guild chapter in 
Los Angeles. 

Mr. Mandel appeared as a witness before this committee on October 
1, 1952, at which time he invoked the fifth amendment when ques- 
tioned concerning his Communist Party membership and affiliations. 

Seymour Mandel, as an attorney for the Los Angeles Committee for 
Protection of Foreign Born, represented several individuals sub- 



COMMUNIST LEGAL SUBVERSION 53 

ject to deportation proceedings on the grounds that they were aliens 
Avlio had become members of the Communist Party after their entry 
into the country. An emergency mass meeting was held on May 28, 
1953, to protest the Innnigration Service's detention of these and five 
other deportees on Terminal Island. Seymour Mandel was the princi- 
pal speaker at this meeting, sponsored by the Los Angeles Committee 
tor Protection of Foreign Born. 

The West Coast Communist newspaper, the Daily People's World, 
on July 17, 1950, described Seymour Mandel as a Civil Rights Con- 
gress panel lawyer. 

BEN MARGOLIS, CALIFORNIA 

The following former Communists appeared before this committee 
and identified Ben Margolis as a member of the Communist Party: 
Edward Dmytryk, April 25, 1951 ; David Aaron, January 23, 1952 ; 
A. Marburg Yerkes, January 24, 1952 ; William G. Israel, January 25, 
1952: and Paul Marion on 'October 2, 1952. The law firm of Katz, 
Gallagher & Margolis served as legal representative of the Communist 
Party according to the testimony of Yerkes. Mr. Margolis testified 
before this committee in Los Angeles, Calif., on September 30, 1952, 
at which time he invoked the fifth amendment when questioned about 
his past and present membership in the Communist Party. 

Ben Margolis offers an example of the subtle way in which a Com- 
munist lawyer can prevail upon fellow members of the bar to become 
a part of the Communist conspiracy. Because he was impressed with 
Ben Margolis' reputation in connection with a certain legal case, Mr. 
Yerkes testified that at the invitation of Margolis he joined the latters 
law firm. Yerkes said it wasn't long before Margolis invited Yerkes 
to a Marxist discussion meeting attended by lawyers, and that he con- 
tinued to attend these meetings of lawyers because Margolis wanted 
him to. These so-called study groups inevitably led Yerkes into 
actually joining the Communist Party. 

Ben Margolis was the keynote speaker at a conference on anti- 
Semitism in the United State", held in 1951 and sponsored by the 
Communist front, the Jewish Peoples Fraternal Order. 

Mr. Margolis, as the attorney for Local 26 of the International 
Ix)ngshoremen's and Warehousemen's Union, was introduced at the 
seventh convention of Local 26 held in Los Angeles- in 1956. The 
longshoremen's union was expelled from the CIO in 1950 for its 
adherence to the Communist Party line. 

Ben Margolis was also a sponsor of the Los Angeles chapter of the 
Civil Rights Congress in 1947; a participant in a reception spon- 
sored by the CRC in November of 1947; and chairman of a 
Labor Day meeting in 1950 sponsored by the CRC at which national 
Communist official Elizabeth Guiiey Flynn was a speaker. Margolis, 
along with Mrs. Oleta O'Connor Yates, Communist Party State com- 
mitteewoman, was a scheduled speaker at a meeting sponsored by the 
CRC in 1951, and he was chief speaker in defense of arrested Com- 
munist leaders at another meeting sponsored by the CRC in 1951. He 
was scheduled to speak at a meeting sponsored by the CRC in March 
of 1954, on "harboring case victims" and Californians convicted of 
violating the Smith Act. He was also scheduled to be a main speaker 



54 COMMUNIST LEGAL SUBVERSION 

at a reception honoring Shirley Kremen, a defendant in the California 
Smith Act harboring case, sponsored by the CRC in July of 1954. 

As a member of the National Lawyers Guild, Margolis was the 
treasurer of its San Francisco chapter in 1937. He was a reporter on 
"Effect of Conscription on Economic Status of Lawyers" at a discus- 
sion entitled "The Economic Welfare of the Legal Profession," at the 
fifth annual national convention of the NLG in 1941 and he was a 
member of the resolutions committee of the 20th anniversary national 
convention of the NLG in 1957. 

Ben Margolis was a faculty member of the People's Educational 
Center in 1944 and 1946. 

Mr. Margolis was a member- at- large candidate for the executive 
board of the National Council of the Arts, Sciences, and Professions, 
Southern California Chapter, and in 1955, he was a speaker at a 
"Cultural 'Salute' " honoring the 61st birthday of John Howard Law- 
son sponsored by the same organization. 

Ben Margolis was to speak at a testimonial dinner on October 5, 
1952, sponsored by the Los Angeles Committee for Protection of For- 
eign Born; in 1954, Mr. Margolis was a sponsor of a party honoring 
the 50th birthday of Mrs. Rose Chernin, director of the Los Angeles 
Committee for Protection of Foreign Born. 

Ben Margolis was a speaker at a meeting in 1952 sponsored by the 
Trade Union Committee for Repeal of the Smith Act and Other Anti- 
labor Legislation. The Trade Union Committee for the Repeal of the 
Smith Act was cited as a front "to defend the cases of Communist 
lawbreakers." 

The Southern California Peace Crusade sponsored a testimonial 
dinner honoring Dr. W. E. B. DuBois in Los Angeles in 1953. Mr. 
Margolis was to speak kt^this dinner. -This committee has found that 
these misnamed "peace" organizations have a common objective : The 
dissemination of Communist propaganda aimed at discrediting the 
United States and promoting a dangerous relaxation in the ideolog- 
ical and military strength of our country. 

Mr. Margolis was an endorser of the World Peace Appeal which 
was launched 3 months before the outbreak of Communist armed 
aggression against South Korea as a smokescreen for such aggression. 

Ben Margolis signed a motion asking the United States Supreme 
Court for permission to file an amicus curiae brief in support of a 
rehearing for the six Baltimore Smith Act defendants; he also 
signed the brief. 

Mr. Margolis was one of 99 "prominent Americans" listed as "addi- 
tional signers" of an appeal asking the Subversive Activities Control 
Board to suspend hearings on the Communist nature of the California 
Labor School. Delay was asked pending Supreme Court ruling on 
the constitutionality of the Internal Security Act. 

Mr. Margolis was scheduled to speak in December 1952 at a cam- 
paign dinner sponsored by tlie Independent Progressive Party of 
Los Angeles. 

Ben Margolis sent greetings to the Daily People's World for the 
period of 1950 through 1958. He was scheduled to share the plat- 
form with Rockwell Kent at a testimonial to be given in Mr. Kent's 
honor, September 15, 1957, in San Francisco. Proceeds from the 
testimonial went to sustain the People's World. 



COMMUNIST LEGAL SUBVERSION 55 

JOHN T. McTERNAN, CALIFORNIA 

David Aaron appeared before this committee in Washington, 
D. C, on January 23, 1952. and testified there was a hiwyers' group 
of the Communist Party in Los Angeles, called the Engels Club, of 
which John McTernan was a member. A. Marburg Yerkes and 
William G. Israel also identified Mr. McTernan as a member of the 
Communist Party lawyers* group in testimony before this committee 
in 1952. 

John T. McTernan invoked the fifth amendment regarding Com- 
munist Party membership when he testified before this committee 
in Los Angeles on April 21, 1956. 

John T. McTernan was a member of the executive board- of the Na- 
tional Lawyers Guild in 1949, 1950, and was again elected as a Los 
Angeles member of the board at the 1956 and 1957 national conven- 
tions. Mr. McTernan was among those scheduled to speak at panel 
meetings during the National Lawyers Guild's 20th anniversary con- 
vention in February 1957. At the same convention, he was also a 
reporter for the afternoon session of the panel conference on civil 
rights and liberties, and due process of law. 

He was among the sponsors of a dinner held in Los Angeles in 
1951 at which William L. Patterson, national executive secretary of 
the Civil Rights Congress under indictment for contempt, was an 
honored guest. The dinner was advertised as "part of a nationwide 
drive to raise $60,000 for Civil Rights Congress to continue its defense 
of the courageous people victimized by the Smith and McCarran 
Acts." Mr. McTernan was scheduled to speak at a Civil Rights 
Congress meeting in May 1951. He was also a speaker at a rally 
held August 1955, at which action was taken to circulate a friend 
of the court brief in behalf of Steve Nelson. 

The lawyer was.4it the speakers table of a dinner held in September 
1949, to raise funds for defense of 11 national Communist leaders 
tried under the Smith Act. John McTernan submitted a brief signed 
by various West Coast lawyers in 1949 to the circuit court of appeals 
to void the contempt convictions of the lawyers who defended the 
"11." 

John T. McTernan annually sent greetings to the Daily People's 
World from 1951 through 1957. 

JOHN W. PORTER, CALIFORNIA 

John W. Porter was identified as a member of the Communist Party 
in Los Angeles in the 1940's by several witnesses testifying before 
the Committee on l"n-American Activities during the committee's 
investigation of Communist activities among professional groups in 
Los Angeles in 1952. He was further identified in 1955 by Herbert 
Fuchs, who testified that John Porter had also been a member of a 
Communist cell of lawyers in Washington, D. C, while Mr. Porter was 
employed by the National Labor Relations Board in the late thirties. 
In 1956 Anita Schneider, former undercover agent for the Federal 
Bureau of Investigation, testified under oath that she knew Mr. Porter 
to be a member of the Communist Party. 

Mrs. Schneider, a resident of San Diego, recalled that John Porter 
had telephoned her from Los Angeles in the fall of 1951 and asked 



56 COMMUNIST LEGAL SUBVERSION 

her to interview a Communist Party member in her area, Carmen Ed- 
wards, who was facing deportation. Porter directed her to submit a 
report to him through regular party channels. 

Mr. Porter was a witness before the committee on two occasions. 
In 1952 during questioning, he verified the fact that he had been a 
lawyer since 1935, when he immediately obtained Government employ- 
ment in Washington, D. C, in the Office of the Solicitor of the Depart- 
ment of Labor. Later he worked for the National Labor Relations 
Board; he left the board in 1938 and obtained employment as a lawyer 
in the Antitrust Division of the Department of Justice. He also 
worked for the Office of Price Administration and the National War 
Labor Board. He has not been in Government service since 1945. 

When questioned about his Connnunist affiliations he invoked the 
fifth amendment and charged the committee with using the "big lie 
of the menace of communism as a smokescreen behind which and by 
means of which to terrorize good Americans into closing their mouths 
and failing to speak up on the crucial issues of the day." 

John W. Porter was a witness before the committee again in 1956. 
He once more invoked the fifth amendment concerning his Communist 
activities, questioned the duty and the jurisdiction of the committee, 
ancl the validity of the resolution under which the committee operates. 

John Porter, the records show, headed the legal panel of the Com- 
munist-front organization, the Los Angeles Committee for Protection 
of Foreign Born. Outside the courts, Mr. Porter has also been ac- 
tive for the Los Angeles Committee for Protection of Foreign Born. 
In 1952, with Rose Chernin, executive secretary of the committee, he 
attended the National Conference To Defend the Rights of Foreign 
Born Americans. It was sponsored by the American Committee for 
Protection of Foreign Born and held in Detroit. The call announcing 
the conference stated that the purpose of this conference was to mobi- 
lize organizations "for the repeal of the Walter-McCarran law." 
After their return to Los Angeles, Mr. Porter was scheduled to address 
a meeting of the Los Angeles affiiliate and give a full report of the De- 
troit conference. 

Other Communist fronts which have had Mr. Porter's support 
are the National Lawyers Guild, of which he has been a member since 
at least 1940, when he was employed by the Federal Government in 
Washington, D. C. The Civil Rights Congress has had his services 
as a speaker. The records of this committee show that in 1954, John 
W. Porter traveled to San Diego to speak at a Civil Rights Congress 
meeting against anti-Communist legislation, primarily the Brownell- 
Butler and Walter-McCarran laws. 

In 1948 he urged dismissal of Smith Act charges against the top 
national Communist leaders, and signed an appeal in their behalf. 
In 1950 he was a member of a delegation which visited the Los 
Angeles director of immigration and demanded the release on bail of 
individuals facing deportation under the McCarran law as a result of 
Communist activities. In 1953 he signed a motion asking the L^nited 
States Supreme Court for permission to file a brief for a rehearing 
for the Baltimore Smith Act defendants; he also signed the brief. 
In 1954 he urged President Eisenhower to grant amnesty to the Com- 
munist leaders convicted under the Smith Act. 



COMMUNIST LEGAL SUBVERSION 57 

DAVID REIN, WASHINGTON, D. C. 

David Rein was identified as a member of the Communist Party by 
Herbert Fuchs and Mortimer Riemer, botli former Communists, in 
testimony before this committee on December 13, 1955, and December 
14, 1955, respectively. 

Professor Fuchs testified t'hat Rein was a member of a Communist 
cell of lawyers operating within the National Labor Relations Board 
where both men were employed as lawyers in the late 30's and 
early 40's. 

Mortimer Riemer testified that he too knew David Rein in the cell 
of lawyei-s at the National Labor Relations Board and further testified 
that Rein in 1943 had tried to reenlist him in the Communist Party 
after Riemer had decided that communism was not for him. 

David Rein appeared as a witness before this committee on February 
21, 1956. "When he was questioned by the committee concerning his 
Communist Party membership he refused to answer, basing his refusal 
on his constitutional privileges, including the fifth amendment. 

After finishing law school in 1935, Mr. Rein held a series of jobs 
with the New York City Charter Commission, the Puerto Rico Re- 
construction Administration, and a Committee To Revise the Con- 
stitution of New York State. In 1938 David Rein started to work 
for the National Labor Relations Board in Washington, D. C, as an 
attorney. In 1942 he transferred to the legal division of the Office 
of Price Administration. In 1945, after service in the Marine Corps, 
he returned to work at the National Labor Relations Board. In 
1946 he went into private law practice. . 

David Rein was retained by the American Committee for Protec- 
tion of Foreign Born to defend various aliens facing deportation 
because of their Communist activities. In 1956, prior to a Supreme 
Court hearing on one of these deportation cases, the ACPFB gave a 
testimonial dinner in honor of David Rein and his law partner. Alec 
Jones, campaign and educational director of the ACPFB, gave the 
testimonial speech in which he praised both attorneys and noted that 
"without their knowledge, guidance, and devotion our cause may well 
have been set back. * * * There is no way to truly assess the role they 
have played in our work. * * * If it were not for [them] * * *, we 
would be lost down there [in Washington]." 

Rein has been a member of the National Lawyers Guild since 1938. 
In 1940 he was a candidate for delegate to the national convention 
of the guild. He was elected secretary of the Washington, D. C, 
chapter in 1946 and in 1949 was elected to the guild's national execu- 
tive board. He was still a member of the board in 1957. 

Other Communist fronts in which David Rein has been active are 
the Washington Book Shop, the Washington Committee for Demo- 
cratic Action, and the American League for Peace and Democracy. 
He was a sponsor of the National Nonpartisan Committee to Defend 
the Rights of the Twelve Communist Traders. 

In opposition to anti-Communist legislation, Mr. Rein has been 
quite vocal. He was one of those who signed a statement against the 
Mundt anti-Communist bill in 1948. In a speech before the Ameri- 
can Committee for Protection of Foreign Born he condemned "the 
notorious 'Smith Act' as a repressive measure against foreign 
bom * * * which was passed by Congress * * * without any con- 
sideration of really what it meant or what it implied." 



58 COMMUNIST LEGAL SUBVERSION 

ALLAN R. ROSENBERG, MASSACHUSETTS 

Herbert Fuchs testified before this committee on December 13, 1955, 
that Allan R. Rosenberg had assisted him in the organization of a 
Communist cell comprised of employees of the National Labor Rela- 
tions Board in 1937. Mr. Rosenberg was employed in the Review 
Division of the National Labor Relations Board from 1937 until 
1941 as a lawyer and as an assistant to the Secretary. 

Allan R. Rosenberg was identified as a Communist before this com- 
mittee on July 31, 1948, by Elizabeth T. Bentley. In her testimony 
Miss Bentley, who served as courier between Soviet agents and Com- 
munist employees of the Federal Government in the early 1940's, 
accused Allan Rosenberg of having been a member of the so-called 
"Perlo group" during the years 1941-45 while employed in the Gen- 
eral Counsel's office of the Foreign Economic Admmistration, for- 
merly the Board of Economic Warfare. The Victor Perlo group, 
according to Miss Bentley, was a Communist underground group 
operating in the Federal Government from the early thirties which 
had been collecting information for the benefit of the Soviet Union 
for some years. 

Allan R. Rosenberg testified before this committee on June 23, 
1952, and again on February 21, 1956. Although admitting he had 
been employed by the National Labor Relations Board and the For- 
eign Economic Administration, Allan Rosenberg invoked the fifth 
amendment when he was questioned concerning Communist Party 
membership. Mr. Rosenberg resigned his Government post in 1945 
to enter private law" practice. 

According to his testimony before this committee, Allan Rosenberg 
joined the National Lawyers Guild in 1936. Mr. Rosenberg testified 
that he was the treasurer of the District of Columbia chapter of the 
National Lawyers Guild during the late thirties or the early forties. 
Allan Rosenberg was elected a member-at-large of the executive board 
of the National Lawyers Guild by the 1956 and 1957 guild conven- 
tions. 

ROSE S. ROSENBERG, CALIFORNIA 

Rose S. Rosenberg was identified as a member of the Communist 
Party by former Communist Party members, Milton S. Tyre on 
December 14, 1951, and A. Marburg Yerkes on January 24, 1952, 
when they testified before this committee on those dates. Both Mr. 
Tyre and Mr. Yerkes testified that they had known Mrs. Rosenberg 
as a member of a Communist lawyers' group in Los Angeles. 

Rose S. Rosenberg testified before this committee on October 1, 
1952, at which time she invoked the fifth amendment in refusing to 
answer questions concerning her Communist Party memberehip. 

Mrs. Rosenberg was retained by the I^s Angeles Committee for 
Protection of Foreign Born as defense attorney for more than half 
a dozen aliens subject to deportation proceedings between 1950 and 
1954 under the Walter-McCarran Act as a result of Communist Party 
activities. 

In December 1955, Abner Green, executive secretary of the Ameri- 
can Committee for Protection of Foreign Born, sought Mrs. Rosen- 
berg's assistance in securing for him material which could be used in 
connection with the appearance of a witness before the Subvei-sive 



COMMUNIST LEGAL SUBVERSION 59 

Activities Control Board in behalf of the American Committee for 
Protection of Foreign Born. The witness in question was active in 
the Los Angeles Committee for Protection of Foreign Born. 

Protesting a local Communist registration ordinance, Rose S. Rosen- 
berg submitted a brief to a justice of the peace in El Monte, Calif., 
during October 1950. 

During September 1951, Rose S. Rosenberg joined in signing an 
appeal which appeared in the Los Angeles Times urging that reason- 
able bail be' granted 15 California Smith Act defendants. 

During February 1953, Rose S. Rosenberg was one of the signers 
of the motion asking the United States Supreme Court for permis- 
sion to file an amicus curiae brief in support of a rehearing for the 
Baltimore Smith Act defendants. 

Rose S. Rosenberg during January 1951 sponsored the National 
Women's Appeal for the Rights of Foreign-Born Americans, an affili- 
ate of the Communist-contixjlled American Committee for Protection 
of Foreign Born. The National Women's Appeal had been organized 
to defend 28 women who had been arrested in deportation pro- 
ceedings. 

Mrs. Rosenberg was 1 of 55 women who signed an open letter to Pres- 
ident Truman requesting him to call a halt to McCarran Law deporta- 
tion proceedings. A delegation of women presented the letter to the 
President's secretary in May 1951. The women came to Washington 
under the auspices of the National Women's Appeal for the Rights 
of Foreign-Born Americans. 

Rose S. Rosenberg spoke at a meeting sponsored by the Communist 
front, the Ethel Linn Defense Committee for the Repeal of theMcCar- 
ran-Walter Act, during November 1953. This meeting was to protest 
the deportation of identified Communist Ethel Linn and to hear a 
discussion of the McCarran-Walter Act under which she was arrested. 

Mrs. Rosenberg addressed a meeting during March 1954 which 
was sponsored by the I^s Angeles Rosenberg-Sobell Committee on the 
legal implications of the Julius and Ethel Rosenberg atomic espio- 
nage case. 

Rose S. Rosenberg was honored at a Mother's Day testimonial for 
peace during May 1954, sponsored by the Southern California Peace 
Crusade. 

During the years 1951 and 1952, Mrs. Rosenberg sent Labor Day 
and May Day greetings to the Daily People's World. 

SAMUEL ROSENWEIN, CALIFORNIA 

Samuel Rosenwein was identified as a member of the Communist 
Party before this committee on January 24, 1952, by A. Marburg 
Yerkes, a former member of the Communist Party. Mr. Yerkes 
stated in his testimony that he knew Mr. Rosenwein as a member of a 
Communist lawyers' group in Los Angeles. 

Mr. Rosenwein was publicized as being chief counsel for the sub- 
versive Civil Rights Congress during 1947 and 1948. As chief coun- 
sel for this front organization, he prepared a lengthy legal analysis, 
attacking the proposed Mundt anti-Communist bill, which was cir- 
culated by the Civil Rights Congress to Members of Congress in May 
1948. A Civil Rights Congress open letter accompanying Mr. Rosen- 



60 COMMUNIST LEGAL SUBVERSION 

Weill's analysis urged Congressmen "to not only vote against, but to 
speak against" the bill. 

Mr. Rosenwein was one of the attorneys retained by the Civil 
Rigiits Congress to defend an identified Communist convicted of con- 
tempt of Congi-ess in 1947. 

During May 1948, Mr. Rosenwein spoke at a rally for "peace" 
which was sponsored by the National Council of American-Soviet 
Friendship, a Communist front. 

During 1949, Samuel Rosenwein was chairman of the civil liberties 
committee of the National Lawyers Guild. 

Mr. Rosenwein w^as the author of an article which appeared in the 
spring, 1949 issue of the Lawyers Guild Review. 

RICHARD L. RYKOFF, CALIFORNIA 

Richard Rykoff, who has been engaged in private law practice in 
Los Angeles for more than 10 years, joined a special lawyers' group 
of the Communist Party in Los Angeles in 1948, according to a former 
member of the party group, David Aaron, who testified before this 
committee on January 23, 1952. 

Anita Schneider, who entered tlie Communist Party in southern 
California as an undercover agent in 1951, also had extensive contacts 
with Lawyer Rykoff within the party, according to her testimony on 
July 5 and 6, 1955. 

The lawyer invoked the fifth amendment, however, rather than 
answer questions regarding Communist Party membership when he 
was subpenaed as a witness before the committee on October 1, 1952. 

Mrs. Schneider, who was active in the party and its front organiza- 
tions in the San Diego area, testified that the party had instructed its 
Civil Rights Congress in the early 1950"s to develop a campaign in 
defense of Emory Collier, a San Diego man involved with the law. 
Mrs. Schneider said the Communist Party did not concern itself with 
the innocence or guilt of the man, because the case was undertaken 
only to propagandize for the party. She said that she and other 
Communists in San Diego met with Los Angeles Lawyer Rykoff and 
received instructions irom him on what steps to take in order to con- 
ceal the real Communist purpose of the Collier campaign. 

Party member Schneider was once considered as a possible delegate 
to an international Communist "peace" conference in Stockholm from 
which it was planned she would also make a trip to the Soviet Union. 
In discussing with Mr. Rykoff the problem of applying for a passport 
in the light of State Department restrictions on travel behind the Iron 
Curtain, Mrs. Schneider testified that the lawyer advised her to conceal 
her real destination from the State Department in filling out a pass- 
port application even though she would be required to swear to the 
truthfulness of the information. 

Mrs. Schneider again contacted Mr. Rykoff' in 1953 for suggestions 
for films to be shown by a Communist-operated film club in San Diego. 
Her testimony and correspondence produced for the record disclosed 
that the lawyer recommended the film "Salt of the Earth," then being 
produced under the sponsorship of the Connnunist-dominated Mine, 
Mill, and Smelter Workers Union and under the direction of identified 
Communist Herbert Biberman. At Mr. Rykoff's suggestion, Biber- 
man subsequently approached Mrs. Schneider with a proposal that she 



COMMUNIST LEGAL SUBVERSION 61 

lielp raise $20,000 in loans in Sun Diego for the purpose of completing 
pi'odiK'tion of the Hlni. 

The Tx)s Angeles Committee for Protection of P'oreign Born retained 
Mr. Kykotf in 1955 for the purpose of defending an alien subject to 
deportation proceedings on the basis of membership in the Communist 
Party. 

Richard Rykotf was one of the signers of a motion in 1958 asking the 
United States Supreme (\)urt for permission to file a brief for a rehear- 
ing for Baltimore, Md., Conuuunist leaders convicted under the Smith 
Act. 

The Civil Rights Congress listed Mr. Rykotf as one of the financial 

contributors to its published booklet, "Civil Rights Congress Tells 

the Storv." 

HARRY SACHER, NEW YORK 

Harry Sacher was first identified as a member of the Communist 
Party by Thomas H. O'Shea, former Communist who was the first 
president of the Transport Workers Union. O'Shea testified on April 
23, 1940, before the Special Committee on Un-American Activities 
that in the 1930's he was in frequent contact with Harry Sacher, vrho 
was an attorney for the Transport "Workers Union. 

Mortimer Riemer, in testimony before this committee on December 
14, 1955, also identified Harry Sacher as a member of the Commu- 
nist Party. 

In 1953 in hearings before the Subversive Activities Control Board. 
Louis Budenz testified that he knew Sacher to be a member of the 
Communist Party in the 1940''s. 

Harry Sacher appeared before the Senate Internal Security Sub- 
committee on April 19, 1955, at which time he refused to answer ques- 
tions concerning present or past membership in the Communist Party, 
invoking the first amendment. He was subsequently convicted in the 
courts for contempt of Congress as a result of his appearance before 
the Senate subcommittee. The United States Supreme Court in 

1957 reversed the conviction and referred the case back to a lower 
court for reconsideration in the light of the Watkins decision. In 

1958 the United States court of appeals in Washington, in reconsider- 
ing the case, upheld the contempt of Congress conviction against him. 

The records of the committee show that Mr. Sacher was not only 
attorney for the Transport Workers Union in the 1930's but held the 
post of general coimsel to the international union throughout most of 
the 1940's. The Special Committee on Un-American Activities found 
in 1944 that the Transport Workers Union was among those unions 
having Communist leadei-ship "strongly entrenched."' In a 1951 
report, the connnittee noted that the Transport Workers Union was 
among unions which since "tried to clean out the Communists from 
their unions.'' 

The executive board of Local 100 of the Transport Workers Union 
of America, CIO, voted in September 1948 to dismiss Harry Sacher, 
its counsel for 14 years. Tlie international president of the union, 
Michael J. Quill, who later that year succeeded in getting Mr. Sacher 
ousted from his position as general counsel for the international 
union, declared that the "purge*' of leftwing elements would offer 
the Transport Workers Union its first opportunity "to operate as a 
natural trade union." He also contended it was "plain" that Mr. 



62 COMMUNIST LEGAL SUBVERSION 

Sacher was working with the Communistic bloc and that there was 
little use in "trying to appease him.'' 

Mr. Sacher was defense counsel for John Gates, editor of the Daily 
Worker, when Mr. Gates was tried with 10 other national Communist 
Party leaders under the Smith Act in 1949 for advocating overthrow 
of the Government by force and violence. In the course of this trial, 
Sacher's insults and mockery of the court earned for him a conviction 
of contempt of court for which he served a jail sentence. Because of 
his conduct in the courtroom during this trial, two bar associations 
brought motions to have Harry Sacher disbarred. The case went 
before Federal Judge Harold G. Hincks of New Haven, Conn. 
, One of the items in Sacher's conduct considered by Judge Hincks 
was Sacher's assertion that United States Attorney Francis McGohey, 
if he had been a prosecutor in the early Christian era "would have 
Jesus in the dock." 

In his decision disbarring Sacher, Judge Hincks ruled, "The asser- 
tion * * * was so improper as to be atrocious. The incident * * * 
is crowning proof of the fact that Mr. Sacher is skilled * * * in the 
art of inflammation * * * he cannot safely be left as a member of 
this bar." 

Harry Sacher was disbarred for life from the practice of law in 
1951. In 1954, the decision was reversed by the Supreme Court. 

Mr. Sacher's talents were utilized by the Communist Party in many 
of its fronts. 

Mr. Sacher lectured at the Communist Workers School in New 
York during March and April 1938. 

Mr. Sacher was a member of the Lawyers (^ommittee on American 
Relations with Spain and was a speaker, in March 1938, at its first 
public meeting. The SpBoial Committee on ITn- American Activities 
in 1944 said of this lawyers committee: "When it was the^ policy 
of the Communist Party to organize much of its main propaganda 
around the civil war in Spain," the above "Communist lawyers' front 
organization" supported this movement. 

Harry Sacher was one of 63 lawyers, members of the Lawj'ers' Com- 
mittee To Keep the United States Out of War, who drew up a resolu- 
tion against conscription sent by telegram to the House Military 
Affairs Committee during September 1940. 

Mr. Sacher was a member of the executive committee, New York 
City division of the American league for Peace and Democracy in 
the period 1939-40. 

Mr. Sacher, in 1941, was one of the signers of a statement urging 
the President and Congress to defend the rights of the Communist 
Party. 

Mr. Sacher was a guest lecturer in 1942 at the School for Democ- 
racy, which later merged with the Workers School into the Jefferson 
School of Social Science. 

Mr. Sacher has held the following National Lawyers Guild offices : 
member of committee on constitution and judicial review, 1937; mem- 
ber, committee on labor law and social legislation, 1937 ; director ex of- 
ficio, 1940 ; member, convention resolutions committee, fifth annual con- 
vention, 1941, at which he also participated in a discussion entitled 
"The Right to Strike and Compulsory Arbitration"; member of the 
national executive board in 1949, 1950, 1956, and 1957. He was elected 



COMMUNIST LEGAL SUBVERSION 63 

voting ineniber of the board of directors for 1953-54 tit the aniuuil 
meet in*; of tlie ouild's New York City chai)ter and again elected to the 
board of directors for the New York City chapter for 1955, 1957, 
and 1958. 

Harry Sacher was one of the scheduled speakers on the subject of 
"Labor and the Taft-Hartley Law" at a conference sponsored by the 
Jeti'erson School of Social Science in 1947. Mr. Sacher, in 1948, was 
again a speaker for the school when it sponsored a forum on "Civil 
Rights in America." During the years 1944 through 1950, Mr. Sacher 
was a member of the board of trustees of the Jett'erson School. 

Mr. Sacher was a sponsor of a National Civil Rights Legislative 
Conference of the Civil Rights Congress in 1949. He was also a speaker 
for this organization on various other occasions. Harry Sacher and 
Abraham Isserman, who faced prison for contempt of court as a result 
of their conduct in the defense of the jailed Communist leaders, were 
among the "distinguished guests" introduced at the sixth anniversary 
dinner of the Civil Rights Congress in 1952. 

The National Council of the Arts, Sciences, and Professions honored 
Harry Sacher at a reception in 1951. Mr. Sacher was scheduled to 
speak at a mass meeting on civil liberties held in 1952 and sponsored 
by the ASP. He was also scheduled to speak at a meeting sponsored 
by the New York Council of the ASP in 1952. 

Harry Sacher was a scheduled speaker at a rally to repeal the Smith 
Act in 1951. In 1952, the Painters Committee To Defend Ix)uis Wein- 
stock and To Repeal the Smith Act scheduled Mr. Sacher to speak at 
one of its meetings. Harry Sacher spoke at a rally sponsored by 
the American Labor Party in May 1954 arranged to urge Congress to 
"stop McCarthyism."' 

HYMAN SCHLESINGER, PENNSYLVANIA 

Matthew Cv^etic, appearing before this committee on February 22, 
1950, testified that Hyman Schlesinger was a lawyer in Pittsburgh 
who was also a member of the Communist Party. Mr. Cvetic said that 
while he was having dinner with Hyman Schlesinger and others on 
one occasion in 1949, Mr. Schlesinger made the statement : ""\Miile we 
have a strong Communist Party in New York City, I don't see how 
we can wage a successful revolution unless we build the party in Pitts- 
burgh. It stands to reason that we must get control of the basic indus- 
tries and the industrial workers before we can even think of a revo- 
lution." 

Mr. Cvetic testified before the Subversive Activities Control Board 
when the SACB held hearings in 1954 and 1955 on the Attorney Gen- 
eral's petition that the (^ivil Rights Congress register as a Communist- 
front organization. Mr. Cvetic then related how a Communist Party 
organizer for the State of Pennsylvania directed Cvetic to contact 
Hyman Schlesinger, a member of the party's legal commission in 
Pittsburgh, to set up a Civil Rights Congress chapter in Pittsburgh. 
Mr. Schlesinger then held an organizational meeting to set up the CRC 
chapter but warned that "Trotskyites" and disruptionists should be 
kept out of CRC, according to Cvetic. 

Mr. Schlesinger appeared before this committee as a witness on 
November 28, 1956, in Youngstown, Ohio, at which time he refused to 



64 COMMXJNIST LEGAL SUBVERSION 

answer questions pertaining to Communist Party membership, under 
the protection of the fifth amendment. 

Hyman Schlesinger was a member of the executive board of the 
National Lawyers Guild in 1949 and 1950. He was elected a member- 
at-large of the National Lawyers Guild executive board at both the 
1956 and 1957 conventions. 

ESTHER SHANDLER, CALIFORNIA 

Esther Shandler was identified as a member of a group of Com- 
munist lawyers in the Los Angeles area in hearings held by the 
Committee on Un-American Activities in January 1952. Former Com- 
munist lawyers so identifying Miss Shandler were: David Aaron, 
Marburg Yerkes, Milton Tyre, and William Israel. 

Esther Shandler ap])eared as a witness at these same hearings and 
again at hearings held in 1956. On both occasions she invoked the 
fifth amendment when questioned concerning her Communist ac- 
tivities. 

Miss Shandler was admitted to the bar of the State of California 
in December 1945 and started to practice law in April 1946. 

Miss Shandler was listed as early as 1951 and as late as 1956 as a 
member of a panel of attorneys retained by the Communist-controlled 
Los Angeles Committee for Protection of Foreign Born to represent 
various defendants in legal proceedings. 

Esther Shandler's services to the Los Angeles Committee for Pro- 
tection of Foreign Born have not been limited to her appearances in 
court in behalf of those being defended by the committee. In 1951 
she was a panel reporter at a regional conference of the Los Angeles 
Committee for Protection of Foreign Born which called for the repeal 
of anti-Communist legislation, ''the Smith and McCarran Acts," 

In 1958 she was 1 of the 3 delegates sent by the Los Angeles com- 
mittee to the National Conference To Repeal the Walter-McCarran 
Law and Defend Its Victims. At the conference, held in Chicago 
under the auspices of the American Committee for Protection of 
Foreign Born, ACPFB chairman Abner Green noted in his report 
that it would not have been possible for the ACPFB to carry on its 
work "without the outstanding contributions that have been made and 
continue to be made by our attorneys in every area of the country." 

At the fifth annual conference of the Los Angeles committee 
which was held in 1955 and which called for the outright repeal of 
the Walter-McCarran law, Esther Shandler and John Porter headed 
the legal panel discussion on technical questions regarding deporta- 
tion and denaturalization aspects of the Walter-McCarran law. 

The Los Angeles committee's sixth annual conference was held in 
1956, at which time Miss Shandler reported on the status of cases 
defended by the legal panel. She said tliere were 20 facing imminent 
deportation, nearly 50 facing supervisory parole, and 8 denaturaliza- 
tion proceedings. She also reported that every effort would be made 
to keep all deportees here and to retain the citizenship of those whose 
naturalization was under attack. At this conference. Miss Shandler 
also chaired a session on the subject of deportation of Mexican 
nationals and Mexican-Americans. 



COMMUNIST LEGAL SUBVERSION 65 

ROBERT J. SILBERSTEIN, NEW YORK 

Robert J. Silbei*stein was identified as a member of the Communist 
Party in sworn testimony before the Committee on Un-American 
Activities by three hiwyers who were former Communists. On Decem- 
ber 14, 1955, Mortimer Riejner testified that he knew Silberstein as a 
Connnunist and that he attended meetings of a Communist lawyers- 
group in Silberstein's home in Xew York in the Late lOoO's. David 
Aaron testified in 1952 that he met Silberstein in Ivos Angeles in the 
194()'s at a secret Comnninist meeting in the home of John McTernan, 
at which time Silberstein spoke on the function of a IjOS Angeles 
Connnunist lawyers* group — what it was supposed to do and its rela- 
tionship with the National Lawyers Guild. 

At these same hearings Marburg Yerkes testified that he, too, met 
Silberstein at the meeting about which Mr. Aaron testified. 

Mr. Silberstein appeared as a witness before this committee on 
April 9, 1952. He invoked the fifth amendment when questioned 
about his connections with the Communist Party. 

Robert Silberstein has been connected with the National Lawyers 
(xuild since its earliest days. In 1940 he was executive secretary of 
the New York branch of the National Lawyers Guild. In 1941 he 
was elected to the national executive board. In 1947 he left private 
law practice to become the national executive secretary of the guild 
and carry out the policies adopted by the national convention and 
by the national board, which is the governing body of the guild 
between conventions. In 1949 he was sent by the guild as one of its 
representatives to the convention of the- Moscow-controlled Interna- 
tional Association of Democratic Lawyers in Rome, Italy. At the 
conference he voted for the expulsion of the Yugoslav delegates, in 
accord with the current line of the Kremlin, then disputing with 
Marshal Tito. When questioned by this committee as to why he 
voted for expulsion of the Yugoslav delegates, he said that he had 
voted that way because the delegation did not answer certain charges 
which were made against it, "not based on wrongdoing on its part but 
based on its qualifications to continue as a member, and as they didn't 
answer the question, and I simply felt the question ought to be 
answered."' 

Representative AValter of the committee asked, "How do you recon- 
cile the position you are taking today with respect to refusing to 
answer questions with the position you took in Rome when you voted 
to exclude from a conference the Yugoslav delegates only because they 
refused to answer questions?" Mr. Silberstein claimed he could not 
see the parallel between the situations. 

Lawyer Silberstein has been extremely active in opposition to anti- 
Communist legislation and investigations of the Communist conspir- 
acy. In 194<, speaking as executive secretary of the National 
Lawyers Guild, Mr. Silberstein blasted the Federal Bureau of Inves- 
tigation, accusing it of "outrageous action'' in setting itself up as "a 
high priest of political orthodoxy."' He protested the issuance of 
subversive lists, saying they tend to "intimidate" citizens in the exer- 
cise of constitutional rights. In 1950, Silberstein was one of a com- 
mittee of the guild which prepared a report to the President 
recommending that the President constitute a committee of private 
citizens to make a thorough investigation of tlie FBI. 



66 COMMUNIST LEGAL SUBVERSION 

In 1954, acting in his official capacity of executive secretary of the 
National Lawyers Guildj Silberstein announced that he had sent a 
letter to the House Judiciary Committee denouncing as legislative 
verdicts of guilty, proposed IdHIs designed to outlaw the Communist 
Party. 

He was secretary of the National Committee To Defeat the Mundt 
Bill. When this Communist-controlled lobby was working to defeat " 
the anti-Communist bill, Mr. Silberstein, then executive secretary of 
the National Lawyers Guild, placed at the disposal of Jerry O'Connell, 
chairman of the lobbying committee, the entire facilities of the 
Washington offices of the guild. 

While testifying before this committee, Mr. Silberstein called the 
Mundt-Nixon bill the "most reactionary and repressive measure ever 
passed in the history of our country." In the course of his testimony 
he also verified that he had, as executive secretary of the National 
Lawyers Guild, protested to the Attorney General that the Smith 
Act was "incompatible with the Bill of Rights." 

LAURENCE R. SPERBER, CALIFORNIA 

Laurence R. Sperber attended meetings of a special lawyers' group 
of the Communist Party in Los Angeles, according to former Commu- 
nist lawyer A. Marburg Yerkes, who testified before this committee 
on January 24, 1952. Mr. Sperber invoked the fifth amendment, how- 
ever, when summoned before the committee as a witness on October 1, 
1952, and asked about his membership in the Community Party. 

Mr. Sperber served for many years as secretary of the Los Angeles 
chapter of the National Lawyers Guild. Publicity issued in connec- 
tion with various guild activities listed him as executive secretary of 
the local chapter in 1950, 1951, 1952, 1954, and 1956. 

He was a delegate to the guild's national conventions held in New 
York in February 1953 and in Chicago in November 1954. At the 
guild's 1956 national convention in Detroit, he acted as chairman of a 
"build the guild" session. For the guild's 1957 convention in New 
York, he served as chairman of a "revision of the constitution com- 
mittee," member of the "convention program and arrangements com- 
mittee" and member of the "nominating committee.'' He was elected 
to the guild's national executive board at both the 1956 and 1957 
conventions. 

In his capacity as executive secretary of the Los Angeles guild 
Mr. Sperber announced in 1950 both his and the guild's opposition to 
local ordinances requiring registration of Communists. 

In the same year, Laurence Sperber received publicity as a meml3er 
of the local lawyers' guild who was questioned by police for soliciting 
signatures to the Stockholm Peace Petition on a Beverly Hills street 
corner. The international Communist movement had launched a 
worldwide drive for signatures to the petition in 1950 as an obvious 
smokescreen for subsequent armed Communist aggression against 
South Korea. 

In 1951, Law^yer Sperber signed his name to a number of paid ad- 
vertisements in local newspapers urging repeal of such security legisla- 
tion as the Smith, Taft-Hartley, and McCarran Acts ; calling for the 
abolition of committees investigating Communist subversion; and 
appealing for "reasonable bail" for California Communist Party 



COMMUNIST LEGAL SUBVERSION 67 

leaders subject to proceed! njis under the Smith Act. He was one of 
tlie si^iers of a motion which asked the ITnited States Supreme Court 
in 1953 for permission to file a brief for a rehearing for Maryland 
Communist Party leadei-s convicted under the Smith Act. 

Mr. Sperber was a signer of an amicus curiae brief which in 1952 
urged dismissal of liquidation proceedings against the International 
Workers Order, one of the Communist Party's strongest front organi- 
zations. He was listed by the Communist-controlled Civil Rights 
Congress aS one of the financial contributoi*s to its publication, "The 
Civil Rights Congress Tells the Story." 

FRED H. STEINMETZ, CALIFORNIA 

Fred H. Steinmetz was one of the leaders of a secret Communist 
Party group in IjOS Angeles composed exclusively of lawyers, 
according to a former member of the group, A. Marburg Yerkes, who 
testified before this committee on January 24, 1952. Mr. Steinmetz' 
membership in this party organization was also confirmed in testimony 
before the committee by other former Communist lawyers: David 
Aaron and Albert Herzig, testifying on January 23, 1952; William 
G. Israel, appearing on January 25, 1952 ; and Milton S. Tyre, who 
testified December 14, 1951. 

When confronted with this evidence as a witness before the commit- 
tee on September 30, 1952, Fred H. Steinmetz invoked the fifth amend- 
ment rather than affirm or deny past or present membership in the 
Communist Party. 

A lawyer practicing in the city of I^s Angeles since 1940, Mr. 
Steinmetz has been a supporter of the local chapter of the subversive 
Civil Rights Congress. His name apiDeared on a paid newspaper ad- 
vertisement initiated in 1948 by the Civil Rig:hts Congress to protest 
contempt charges against Communist functionaries who refused to 
answer questions before a Federal grand jury sitting in Los Angeles. 
He also signed a statement in that period which called for dismissal 
of the grand jury itself and wide public attendance at a Civil Rights 
Congress meeting to protest the proceedings. 

In 1950, he served as sponsor of a conference and convention called 
by the Civil Rights Congress in Los Angeles to devise a program to 
halt legal proceedings against Communist conspirators. In the same 
year his name appeared as signer on a propaganda statement against 
denaturalization proceedings issued by the Communist-controlled 
American Committee for Protection of Foi'eign Born. 

A paid advertisement carried in a Los Angeles newspaper in 1951 
advocated repeal of such security legislation as the Smith, Taft- 
Hartley, and McCarran Acts and the abolition of committees investi- 
gating Communist subversion. Fred Steinmetz' name appeared as 
signer of this appeal. Meanwhile, in 1951, Mr. Steinmetz was adver- 
tised in the Daily People's World as sending both May Day and Labor 
Day greetings to this West Coast Communist newspaper. 

Mr. Steinmetz was one of the signers of a motion in 1953 asking the 
United States Supreme Court for permission to file an amicus curiae 
brief in support of a rehearing for Maryland Communist Party 
leaders convicted under the Smith Act. 



68 COMMUNIST LEGAL SUBVERSION 

JACK TENNER, CALIFORNIA 

Jack Tenner was identified as a member of the Communist Party 
in sworn testimony before this committee by three lawyers, David 
Aaron, Marbur^ Yerkes, and Milton Tyre, who were former members 
of the Communist Party. The hearings were conducted in 1952 dur- 
ing the committee's investigation of communism in I^s Angeles pro- 
fessional groups. Mr. Tenner was identified as a member of a group 
of Communist lawyers in Los Angeles. 

Mr. Tenner appeared as a witness on October 1, 1952, and refused 
to answer questions pertaining to Communist Party membership, using 
the fifth amendment as a basis for his refusal. 

Jack Tenner was born in Russia and received his naturalization 
through derivative citizenship. He has been practicing law since 
1948. While he was being questioned by this committee about the 
Communist conspiracy, he accused the committee of buying informers 
and made similar scurrilous charges. 

In 1948, Mr. Tenner was one of tlie lawyers who signed a statement 
issued by the Civil Rights Congress, urging dismissal of contempt 
charges against Communist functionaries who refused to answer ques- 
tions before a Federal grand jury sitting in Los Angeles. He also 
called for dismissal of the grand jury itself. 

A member of the legal panel of the Ja)s Angeles Committee for 
Protection of Foreign Born, Mr. Tenner was one of the spokesmen 
for the panel at a dinner given by the Los Angeles committee in honor 
of its attorneys in 1953. 

In 1954, the Los Angeles Committee To Secure Justice for Morton 
Sobell held a meeting called the "Scroll Call for Justice" in an effort 
to obtain 10,000 signatures on n petition in the fight for freedom of 
Morton Sobell. Jack Tenner was master of ceremonies at the meeting. 

Mr. Tenner has been a member of the National Lawyers Guild 
for several years. He was a member of the resolutions connnittee for 
the 20th anniversary convention in 1956 and elected to the executive 
board at that convention. 

ROBERT E. TREUHAFT, CALIFORNIA 

Robert Treuhaft was identified as a member of the Communist Party 
in sworn testimony before tlie Committee on Un-American Activities 
on December 2, 1953, by Dickson P. Hill and on December 3, 1953, by 
Charles D. Blodgett. He was again identified in June 1957 by Dr. 
Jack Patten. 

Mr. Treuhaft appeared as a witness before this committee in 1953 
and refused to answer questions concerning his Communist Party mem- 
bership, basing his refusal on the protection of the fifth amendment. 

Mr. Treuhaft has as his law partner another identified Communist, 
Bertram Edises, whose record appears earlier in this report. The law 
firm represents the East Bay Civil Rights Congress and, at a testimo- 
nial dinner given by the Civil Rights Congress to honor these two 
attorneys in 1951, it was noted that they had been members of the 
legal staff of the East Bay (^ivil Rights Congress since its inception. 

In 1948 Mr. Treuhaft was chosen to serve as vice chairman of the 
Independent Progressive Party in Alameda County, (^alif. He was 
also a sponsor of Edises' campaign when Edises ran for district attor- 
ney on the Independent Progressive Party ticket. 



COMMUNIST LEGAL SUBVERSION 69 

Mr. Treuhaft was pfeneral counsel for the East Bay Division of 
Warehouse Ix)cal of the International Tvon^shoremen's and Ware- 
housemen's I'nion. This union has been cited as havin^r "Communist 
leadership entrenched" and was expelled from the CIO by vote of the 
executive board in 1950. 

Another Connnunist-front organization which has had the benefit 
of Mr. Treuhaft's legal training is the Minute Women for Peace. 
This organization was formed by the Communists as an attempt to 
du])e women in the United States into aiding their fraudulent "peace" 
program. In 1950, the P2ast Bay Minute Women for Peace were cir- 
culating petitions on outlawing the atom bomb. Robert Treuhaft was 
the lawyer who explained the legal rights of petition circuhitors to the 
organization. 

In 1951, Mr. Treuhaft was a featured speaker at the California 
Labor School when the school was presenting a "Defend Your Rights" 
series of lectures. 

In 1952, he was one of those who sponsored a national tour for 
William Patterson, national executive secretary of the Civil Rights 
(^ongress and an identified (^ommunist. 

Lawyer Treuhaft in 1954 was a delegate from the Bay area to the 
19th annual convention of the National Lawyers Guild in Chicago. 
He was elected to the national executive board of the guild at its 1957 
convention. 

ABRAHAM UNGER, NEW YORK 

Abraham L'nger, a lawyer in New York City, has played an im- 
portant role in the Communist Party for many years. Mortimer 
Riemer, lawyer and former Communist, knew Mr. Unger as a mem- 
ber of a Communist Party lawyers' group in New York as far back as 
1936.-^" John Lautner, onetime party official, has testified that his 
contacts with Mr. Linger in Communist Party work extended from 
1940 until 1949 and that the lawyer held the status of a party "func- 
tionary." ^^ 

Mr. Lautner's first contact with Mr. I'nger occurred in 1940 when 
the Communist Party sent Lautner to consult Avith the lawyer on cer- 
tain i)arty ])roblems. Mr. Lautner knew Mr. Unger as a member of 
the constitution committee at the Communist Party's national con- 
vention in 1945. and also saw him at the party's 1948 national con- 
vention. Mr. Lautner related that he met Mr. Unger again in 1949 
at a party meeting held in the lawyer's offices at the call of the New- 
York State secretariat of the Communist Party; according to Mr. 
Lautner, the meeting was held to make final decisions regarding the 
expulsion from the Communist Party of Bella Dodd. 

In an appearance as a witness before the Senate Permanent Sub- 
comniittee on Investigations on September 17, 1953, Mr. linger was 
questioned regarding membership in the Communist Party but would 
not affirm or deny membership. 

The firm of linger, Freedman, and Fleischer served as the Com- 
munist Party's lawyers, according to the testimony of John Lautner. 

*> Testimony of Mortimer Riemer before House Committee on Un-American Activities. 
December 14, 1!)55. 

"Testimony of John Lautner before House Committee on Un-American Activities, No- 
vember A. lUoii, and before Senate Permanent Subcommittee on Investigations, September 



IS. 135.3 



70 COMMUNIST LEGAL SUBVERSION 

For a long period of years, Mr. I'lijrer has been appearino; in the 
courts as legal representative of the C^onimunist Party, its front or- 
ganizations, and top national officials of the Communist Party. 

From 1985 throufjh 1940, Mr. Fn^er was jjublicized in various court 
appearances as attorney for the International Labor Defense. This 
now defunct leg:al defense arm of the (^ommunist Party also utilized 
Mr. Unger as a speaker. In 1949, Mr. linger was retained as attorney 
by a similar defense organization of the party, the Civil Rights 
Congress. 

In addition to his legal services, Mr. linger has been of repeated 
use to the Communist cause in the capacities of writer, speaker, and 
officer. 

Articles and letters written by Mr, linger on important party issues 
of the time have appeared in the Communist Party's official newspaper, 
the Daily Worker, since 1949. 

In lengthy letters to the editor of the Daily "Worker in April and 
October 1956,^- Mr. Unger severely lectured the newspaper for a "de- 
generation" in thinking "among those who speak for the Communist 
Party in the United States." He criticized the newspaper, then under 
the editorship of John Gates, for aiding anti-Communists by critical 
editorial comments on admitted miscarriages of justice in Communist 
Hungary and on Soviet suppression of a show of independence by 
Communist Poland. Mr. Unger attacked both Yugoslavia and Poland 
for daring to deviate from the path of complete subservience to the 
Soviet Union; he described the previous relationship between the 
U. S. S. R. and its Polish satellite as "a true example of democracy." 
He lauded Communist totalitarianism as a system "dedicated to the 
freedom and liberty of mankind" and warned that Communists in the 
United States had "the -djiity" to shaw.any admitted miscarriage of 
justice behind the Iron Curtain was a "mishap" foreign to Conimunist 
ideals. 

Abraham Unger's stand accorded with that of the head of the Com- 
munist Party of the United States, who subsequently squelched Daily 
Worker questioning of foreign Communist tactics by installing other 
party members on the newspaper. Editor John Gates resigned from 
the Communist Party as well as the newspaper in the course of this 
controversy. 

Mr. Unger was a frequent contributor of articles to the Communist 
weekly magazine New Masses in the period from 1941 through 1947. 
In the latter year, he was one of the sponsors of a plea for financial 
support for the publication. 

As speaker or officer, Mr. Unger has been prominent in front or- 
ganizations of the Communist Party since the 1980*s. 

In the 1980"s, he was featured as speaker at the Communist Workers 
School in New York City, and in behalf of the American Friends of 
the Soviet Union and the Yiddish Communist newspaper Morning 
Freiheit. That period also saw him serving as treasurer of the Com- 
munist front, the American Society for Technical Aid to Spanish 
Democracy, and as a member of the Spain commission of the American 
League for Peace and Democracy. 

In recent years, lie has been extremely active in the affairs of the 
National Lawyers Guild. In 1947 and 1948, he served as executive 



32 Daily Worker, April 25, 1050, p. 4, and October 29, 1956, p. 4. 



COMMUNIST LEGAL SUBVERSION 71 

secretary of the New York chapter of the <ruild. As a representative 
of tlie cha])ter, he a])peared as speaker ajrainst a measure wliich Avould 
prevent the Coninuinist Party and its youth orpinization, the American 
Youth for Democracy, from usin": public schools for meeting purposes. 
The board of directors of the New York City chapter of the guild 
elected Mr. linger to nonvoting ex-officio membership on the board in 
1953. 

Mr. Unger participated in a discussion on "Status of Civil Liberties'" 
at the National Lawyers Guild convention held in 1941 in Detroit. He 
served on the national executive board of the guild in 1949 and 1950. 
He was also elected to the executive board of the national guild organi- 
zation at its 1956 convention. At the guild's 1957 national convention, 
he served on the resolutions committee. In both 1956 and 1957, he was 
a member of the editorial board of the Lawyers Guild Review, the 
national guild publication. In 1957, he was also listed as being a 
member of the editorial board of the New York Guild Lawyer, pub- 
lished by the New York chapter of the guild. 

Publicized as a speaker at the Jefferson School of Social Science 
in 1947 and again in 1956, Mr. Unger in the latter year was a sched- 
uled panelist at a Jefferson School round table on Leninism and 
United States Marxists. He was also a scheduled speaker at a 1948 
function of the International Workers Order. His name appeared 
on an open letter to Members of Congress which the Conference on 
Peaceful Alternatives to the Atlantic Pact sponsored in 1949 in an 
attempt to defeat a Presidential arms program. In 1950, he joined 
a delegation in behalf of the subversive Council on African Affairs. 
He attended a banquet held by the American Committee for Protec- 
tion of Foreign Born in New York City in 1956. 

DORIS BRIN WALKER (MRS. MASON ROBERSON), CALIFORNIA 

- Doris Brin Walker, also known as Doris Mjirasse and Mrs. Mason 
Roberson, was identified as a member of the Communist Party before 
this committee on December 2, 1953, by Dickson P. Hill, an under 
cover agent for the Federal Bureau of Investigation from 1945 until 
1949. Dr. Jack Patten, a former Communist Party member, also 
identified Doris Brin AValker as a member of the Communist Party 
when he testified before this committee on June 19, 1957. 

Mrs. Walker appeared as a witness before this committee on 
December 4, 1953, at which time she invoked the fifth amendment in 
refusing to answer questions concerning her Communist Party mem- 
bership and activities. 

Doris Brin Walker was admitted to the California State bar in 
1942. She was employed as an enforcement attorney by the Federal 
Office of Price Administration in San Francisco from 1942 until 1944. 
From 1944 until late 1945 Doris Brin Walker was in private law prac- 
tice in San Francisco with four identified Communists, Richard Glad- 
stein, Aubrey Grossman, Bertram Edises, and the late Harold Sawyer. 

Mrs. Walker then quit the practice of law and, concealing her pro- 
fessional background, worked at minor jobs in packing plants and 
other commercial firms in California. Between 1946 and 1949. JNIrs. 
Walker was employed by the H. J. Heinz Co., where the lawyer was 
a filling-machine operator, the Bercut-Richards Packing Co., and the 
Cutter Laboratories (who employed the lawyer as a "label clerk.'') 



72 COMMUNIST LEGAL SUBVERSION 

While holding these low-level plant jobs, she was also active in the 
Cannery Workers ITnion and the United Office and Professional 
Workers Union. 

Mrs. Walker was fired from a number of her plant jobs when her 
employers were informed that she was a member of the party and was 
concealing her true professional status as a lawyer. She then took 
full-time employment as Los Angeles County director of the Com- 
munist-operated political front, the Independent Progressive Party, 
from 1949 to 1951. She finally resumed the active practice of law in 
1951, this time in Alameda County, Calif. 

The committee has found many instances in which Communist 
Party members with professional backgrounds have concealed their 
training in order to get jobs in basic industries; it was learned that 
this was part of a carefully worked out Communist Party strategy 
aimed at furthering the party's efforts to infiltrate and gain positions 
of influence or control in strategic industry. 

That Mrs. Walker's similarly strange career was directly motivated 
by her efforts to serve the Communist Party was brought to light dur- 
ing various hearings held as a result of her effort to get reinstated 
in minor plant positions. 

, When Mrs. Walker unsuccessfully contested her firing from Ciitter 
Laboratories in 1949 for concealing facts regarding membership in 
the Communist Party and her professional background, the firm's 
lawyers noted that its business required "more than the usual pre- 
caution against sabotage and subversion" because it was a defense 
plant, manufacturing biological products for both civilian and mili- 
tary use. The firm also noted that as soon as her six months' pro- 
bationary period of work at Cutter had been completed, Mrs. Walker 
had become chairman of the plant unit of the United Office and Pro- 
fessional Workers (a union expelled from the CIO the next year for 
its adherence to the Communist Party line) . 

Also introduced in evidence was a handwritten letter from Mrs. 
Walker to State headquarters of the Communist Party, dated July 
10, 1946, and stating in part : 

* * * I tried to evaluate my action, as I try to evaluate 
whatever I do, from the point of view of the welfare of the 
working class and the strengthening of the party * * * 

It is interesting to note that Dickson P. Hill, former Federal 
Bureau of Investigation undercover agent in the Communist Party, 
who testified before this committee in 195:^, said that he had known 
Mrs. Walker in the 194(Vs to be a member of a 'Vannery workers 
club'' of the Connnunist Party. 

Mrs. Walker, after her resumption of active law practice, was the 
principal speaker at a rally protesting the Los Angeles Smith Act 
convictions which was sponsored by the Oakland branch of the East 
Bay Civil Rights Congress during August 1952. During March 1952, 
Doris Walker had been retained as a defense attorney by the Civil 
Rights Congress. During December 1953 she partici])ated in a round- 
table discussion sponsored by the East Bay Civil Rights Congress 
in Oakland, Calif. Mrs. Walker, along with the other panel speakers, 
discussed the so-called threat of the House Un-American Activities 
Committee. 



COMMUNIST LEGAL SUBVERSION 73 

Doris Brill Walker, a member of the "San Francisco Committee 
To Save the Rosenbergs," joined with the other members in an attempt 
to obtain a meeting phice for a Rosenberg clemency rally in San 
Francisco during November 1952. Mrs. Walker was the chairman of 
a Bay area campaign meeting to win a new trial for Morton Sobell 
during November 1953. 

During February 1953, Doris Brin Walker was one of the signers 
of a motion asking the United States Supreme Court for permission 
to file an amicus curiae brief in support of a rehearing for the six 
Baltimore Smith Act defendants. 

Mrs. Walker was retained by the Northern California Committee 
for Protection of Foreign Born as the defense attorney for an alien 
charged in deportation proceedings with being a Communist Party 
member after his entry into the United States in 1921. 

Mrs. Walker spoke at a mass meeting during July 1953 protesting 
the deportation on similar charges of William Heikkila. This rally 
was sponsored by the Northern California Committee for Protection 
of Foreign Born. Doris Brin Walker was honored as one of a group 
of San Francisco lawyers who "have staunchly defended the civil 
rights of the foreign born," at a testimonal dinner on April 30, 1954, 
sponsored by the Northern California Committee for Protection of 
Foreign Born in San Francisco, Calif. 

During November 1953, Mrs. Walker was the chairman of a meet- 
ing held at the California Labor School. 

Doris Brin Walker was a delegate from the Bay area to the National 
Lawyers Guild convention, held in Chicago during November 1954. 

Mrs. Walker sent Labor Day greetings to the Daily People's World 
on September 4, 1953. 

NATHAN WITT, NEW YORK 

Nathan Witt was identified as a member of the Communist Party 
in sworn testimony before this committee on August 3, 1948, by Wliit- 
taker Chambers, a former Communist Party official, who testified 
that Nathan Witt was the head of a Communist underground group 
operating in Washington, D. C, in the late thirties for the purpose 
of infiltrating the United States Government. 

On August 24, 1948, Nathan Witt was again identified as a member 
of the Communist Party by Louis Budenz, a former Communist and 
managing editor of the Daily Worker. 

On October 2, 1952, another phase of the role played by Nathan 
Witt in the Communist conspiracy was brought to light by Kenneth 
Eckert, former Communist and union official, in testimony before the 
Senate Internal Security Subcommittee. 

Mr. Chambers testified that Nathan Witt was an attorney for the 
National Labor Relations Board at the time Chambers knew him. 
Witt first entered Government employment in 1933 when he was 
attached to the Agricultural Adjustment Administration of the 
Department of Agriculture, having been recommended by I^e 
Pressman. 

In 1934 he started to work for the National Labor Relations Board, 
advancing to the post of Assistant General Counsel in 1935 and to 
Secretary of the Board in 1937. During his tenure in Government 
employment, Witt was closely associated with Alger Hiss, John Abt, 



74 COMMUNIST LEGAL SUBVERSION 

Lee Pressman, and Charles Kramer, members of the Commmiist 
underground group wha were also employed by the Government. 

In late 1940 Nathan Witt left the National Labor Relations Board 
and entered private law practice. 

Nathan Witt has held the official post of "the attorney or general 
counsel" to the International Union of Mine, Mill and Smelter Work- 
ers since early 1941, with the exception of a short period during World 
War 11. 

Mr. Eckert testified that Nathan Witt in the 1940's was one of the 
top party men and a liaison between the Communist Party ancl various 
unions that were under Communist control, including the Mine, Mill 
and Smelter Workers. The witness said Mr. Witt frequently trans- 
mitted various party directives to the mine-mill union which were 
then put into effect by the union. Mr. Eckert also testified that 
Nathan Witt attended many party meetings at which important de- 
cisions affecting mine-mill were to be made. 

According to Mr. Eckert, mine-mill was regarded by the Commu- 
nist Party "as one of the key unions in America because of its stra- 
tegic position in the nonferrous metals industry'' and also because 
it had locals in Alaska in "close proximity to the Soviet Union." 
Mr. Eckert observed that mine-mill locals in Alaska, completely 
dominated by the Communist Party, were only 40 miles from the 
Soviet Union. 

In 1941 Nathan Witt was counsel for the United Federal Workers 
of America, a Communist-dominated union. He was chief counsel for 
the infamous New York Teachers Union Local 555 in the late 1940's. 

Mr. Witt appeared as a witness before the Committee on Un-Ameri- 
can Activities in August 1948, September 1950, and for a third time 
on March 1, 1956. On all three occasions he invoked the fifth amend- 
ment and refused to answer questions pertaining to the Communist 
Party and his membership in it. 

In the course of the hearing in 1950, Witt was confronted with a 
letter dated October 16, 1940, which he as Secretary of the National 
Labor Relations Board sent to the chairman of a special committee 
of the House of Representatives to investigate the National Labor 
Relations Board. In this letter, Mr. Witt wrote : "I am not now, nor 
have I ever been, a member of the Communist Party, a 'Communist 
sympathizer' or one who 'hews to the Communist Party line.' " 

Mr. Witt, when under oath before the committee, refused, on the 
grounds of self-incrimination, to state that he had sent the letter or 
that the statements contained therein were true or false. 

Nathan Witt has been an active participant in many other Com- 
munist-controlled organizations, serving several in an official capacity. 

He was a member of the national committee of the International 
Juridical Association, a Communist-front organization fully de- 
scribed earlier in this report. 

Mr. Witt was counsel for, and a member of, the executive committee 
of the National Federation for Constitutional Liberties. When this 
Communist-front organization was absorbed into the Civil Rights 
Congress at a 1946 conference, he was a member of the resolutions and 
continuations committees at the conference. In 1949 he was listed as 
an attorney for the Civil Rights Congress. 



COMMUNIST LEGAL SUBVERSION 75 

Mr. Witt was a member of the board of directors of the New York 
Conference for Inalienable Rijrhts. This conference was called in 
Februar}' 1041 to attack antisabotag:e le<;islation and the Rapp- 
Coudert Connnittee investi<rating subversive activities in the New 
York public-school system. 

The Jefferson School of Social Science was cited as an adjunct of 
the Communist Party. Mr. Witt in 1950 was on the board of trustees 
of this front used to recruit new party members and sympathizers. 

Other Communist-front oro^anizations which have had the support 
of Nathan Witt are the Ne^rro Labor Victory Committee, the x\meri- 
can Lea<i:ue for Peace and Democracy, the Citizens Victory Committee 
for Harry Bridges, and the National Lawyers Guild. 

CONCLUSION 

This committee holds the legal profession of our Nation in the 
highest esteem and considers the privilege of practicing law one of 
the most cherished in our system of justice. 

In issuing this report on legal subversion, the committee has sought 
to focus attention upon a very small minority within the legal profes- 
sion. The activities of this minority should not be permitted to cast 
discredit upon the overwhelming majority of patriotic attorneys whose 
work is vital to the very functioning of our democratic processes. 

On the other hand, the paucity of lawyers publicly identified as 
Communists must not be interpreted as meaning that their influence is 
insignificant and without danger. In the legal as well as other fields, 
the Communist Party emphasizes discipline and efficiency of members 
over mere numbers. Any attempt to judge the influence of Com- 
munists by their numbers, according to Dr. Frederick C. Schwarz, 
executive director of the international Christian Anti-Communist 
Crusade, is like — 

trying to determine the validity of the hull of the boat by relating 
the area of the holes to the area which is sound. One hole can 
sink the ship. Communism is the theory of the disciplined few 
controlling and directing the rest. One person in a sensitive posi- 
tion can control, manipulate, and, if necessary, destroy thousands 
of others. 
The committee again emphasizes that it has never conducted an 
investigation solely directed toward determining the nature and extent 
of Communist subversion through the instrumentality of the legal 
profession. The committee nevertheless believes that this report, even 
though limited to evidence obtained incidentally in the course of other 
investigations, offers more than ample grounds for prompt action by 
those who would preserve the high standards of the American bar. 



INDEX 

Individuals 

A 

Page 

Aaron, David 5, 16, 17, 30, 37, 38, 52, 53, 55, 60, 64, 65, 67 68 

Abt, John J 19, 21, 25-28, 73 

Adams, Charlotte Darling 30 

Andersen, George R 28, 29 

Arena, Ernest 32 

B 

Bachelis, Selma Mickels i 30 

Beal. Fretl E 6, 7, 48 

Bentley, Elizabeth T 26, 27, 58 

Berkeley, Martin 52 

Biberman, Herbert 60 

Bittelman, Alexander 40 

Blodgett. Charles D 36, 68 

Bouslog, Harriet (Mrs. Harold Sawyer) 21,30-32,41 

Brandhove. William P. M 41,42 

Braverman. Maurice Louis 25, 26, 32, 33 

Bridges, Harry 44, 52 

Brooks, Edith 40 

Browder, Earl 20, 30, 34, 43 

Brownell, Herbert, Jr 9 

Bryson, Hugh 42 

Buchner, Johannes 6 

Budenz, Louis 61, 73 

C 

Caughlan, John 33, 34 

Chambers, Whittaker 26, 73 

Chernin. Rose 54, 56 

Christoffel, Harold 44 

Cohen, Elizabeth Boggs 33 

Collier. Emory 60 

Connelly. Philip M 12 

Conner, Frank J 43 

Cooper, Harry 1 35 

Copass. Michael K 4 

Cvetic, Matthew , 9, 51, 63 

D 

Daniel, Hawthorne 8 

Davis, Benjamin J 46 

Dennis. Eugene 8 

Dmytryk. Edward ,53 

Dodd, Bella 34, 69 

Donner, BYank J 21,35 

Doyle, Easter J 32 

Dreyfus, Benjamin 36 

DuBois, W. E. B 54 

Duclos, Jacques 43 



ii INDEX 

E Pa&e 

Eckert, Kenneth . 73, 74 

Edises, Bertram 25, 36, 37, 41, 45, 68, 71 

Edwards, Carmen 56 

Bisler, Gerhart 18, 19, 49 

Epstein, Pauline 37, 38 

F 

Fiske, Mel 23 

Fleisher, Louis 39, 69 

Flynn, Elizabeth Gurley 53 

Foster, William Z 46, 48 

Frank, Jerome 8 

Frankel, J. Allan 38, 39 

Freedman, David M 39, 69 

Fuchs, Herbert 35, 55, 57, 58 

Fujimoto, Charles 31 

Funn, Dorothy 30, 32 

G 

Gallagher, Leo 53 

Garry, Charles R 25, 39-41 

Gates, John 50, 62, 70 

Gitlow, Benjamin 46 

Gladstein, Richard 8, 20, 41-43, 71 

Glenn, Charles 12 

Green, Abner 58, 64 

Grossman, Aubrey W 19,20,24,41,43^5,71 

H 

Hartle, Barbara 33, 34 

Heikkila, William 73 

Henriekson, Stanley William 4 

Hersig, Albert M l_t.__^___ -_^^-^ 5,30,67 

Hill, Dickson P -1 _i__,g8, 71, 72 

Hincks, Harold G 62 

Hiss, Alger 19, 32, 73 

Hoover. J. Edgar 1 

I 
Israel, William G 5, 6, 30, 37, 38, 52, 53, 55, 64, 67 

Isserman, Abraham J 8,46-48,63 

J 
Jeffers, Dorothy 28 

Jones, Alec 57 

Jones, Claudia 40 

Josephson, Leon 7, 18, 19, 48-51 

Justiz, Harry M 51 

K 

Kageyama, Richard 31 

Kahn, Albert E 52 

Katz, Charles J 52,53 

Kawano, Jack 30. 31 

Kent, Rockwell 54 

King, Earl 43 

Kramer, Charles 74 

Kremen, Shirley 54 

L 

Lautner, John 39, 69 

Lawson, John Howard 1__ 54 

Leitson, Morton 16 



INDEX iii 

Pagp 

Linn, Ethel 59 

Liptzen, Samuel 49 

Lyni, La Verne 11 

M 
Mandel, Seymour : 52, 53 

Marasse, Doris. ( -See Walker, Doris Brin. ) 

Margolis. Ben 10, 13, 18, 41, 53, 54 

Marion, Paul 53 

Markward. Mary Stalcup 32 

Marzani, Carl 50 

Matthews, William 4 

Maynard, Lester ^ 49 

McCormick. LaRue 30 

McGohey, Francis 62 

McTernan, John T 41,55,65 

Medina, Harold R 8, 23, 36, 37, 41, 43, 44, 50 

Mink, George 49 

X 

Nelson, Steve 55 

O 

Oak, Liston M 6,48 

Obermeier, Michael 40 

O'Connell, Jeremiah (Jerry) 66 

O'Shea. Thomas H 61 

P 
Patten, Jack 36, 39, 41, 68, 71 

Patterson, William L 45, 55, 69 

Perlo, Victor 26, 27, 58 

Porter. John W -_— 55, 56, 64 

Pressman, Lee 73, 74 

■ Prestes, Luis Carlos___-,_; 47 

Q 
Quill, Michael J 22,61 

R 

Ramsay, Ernest G 43 

Rarback, Martin 22 

Rein. David 57 

Riemer. Mortimer 16, 35, 39, 57, 61, 65, 69 

Robers(m, Mrs. Mason. (See Walker, Doris Brin.) 

Robeson, Paul 14, 15 

Ro.sen. William 32, 33 

Rosenberg, Allan R 5S 

Ro.senberg, Ethel (Mrs. Julius Rosenberg) 45,59 

Rosenberg, Isidore 22 

Rosenberg, Julius 45, 59 

Rosenberg, Rose S 58, 59 

Rosenwein, Samuel 59, 60 

Rykoff, Richard L 19, 24, 60, 61 

S 

Sacher, Harry 8, 21-2.3, 61-63 

Santo, John 40 

Sawyer, Harold 71 

Schlesinger, Hyman 63, 64 

Schneider, Anita 10, 11, 19, 5.5, 60 

Schwarz, Frederick C 75 

Shandler, Esther 64 

Sherman, Nicholas 49 



iv INDEX 

Page 

Silberstein, Robert J 65, 66 

Silver, Louise Light 38 

Sobell, Morton 68, 73 

Sperber, Laurence R 66, 67 

Stachel, Jack 50 

Starcevic, David 10, 11 

Starcevic, Miriam (Mrs. David Starcevic) 10,11 

Steinberg, Henry 37, 52 

Steinmetz, Fred H 67 

Strack, Celeste 32 

Symonds, Myer C 31, 41 

T 

Tenner, Jack 68 

Thomas, Henry 32 

Tito 65 

Treuhaft, Robert E 41,45,68,69 

Tyre, Milton S 30, 52, 58, 64, 67, 68 

U 

Unger, Abraham 19, 20, 39, 69-71 

Usquiano, Phillip H 

W 
Walker, Doris Brin (also known as Doris Marasse and Mrs. Mason Rober- 

son) - 71-73 

Wallace, William A 9 

Ware, Harold 26 

Weinstock, Louis 21, 22, 63 

Wells, Wesley 40 

Williamson, John 46, 50 

Winston, Henry 50 

Witt, Nathan 19-21, 26, 73-75 

X Y Z 
Yates, Oleta O'Connor 53 

Yerkes, A. Marburg 5, 8, 9, 18. 30, 37, 38. 52, 53, 55, 58, 59, 64-68 

Young, Thomas W 14,15 

Zuckman, Morris 25 

Organizations 

American Bar Association, Special Committee on Communist Tactics, 

Strategy, and Objectives 2,3,9 

American Committee for Protection of Foreign Born 25 

American Labor Party 25 

CIO, Political Action Committee 21 

Civil Rights Congress 24,43-45 

San Diego 24 

Clothing Workers of America, Amalgamated 21 

Electrical, Radio and Machine Workers of America, United 21 

Independent Progressive Party 25 

International Alliance of Theatrical Stage Employees and Moving Picture 
Machine Operators of the United States and Canada (AFL), Local 306 

(New York) 22 

International Juridical Association 29 

International Red Aid 29 

Marine Cooks and Stewards, National Union of 20,41,42 

Maritime Union of America, National 42 

Mine, Mill, and Smelter Workers, International Union of 20 

Motion Picture Machine Operators Union, AFL, Local 306. {See Inter- 
national Alliance of Theatrical Stage Employees and Moving Picture 
Machine Operators of the United States and Canada.) 

Musicians, American Federation of, AFL, Local 802 (New York City) 22 



INDEX V 

Page 

National Lawyers Guild 16, 17 

University of Michigan Chapter 16 

Yale University Chapter 25 

Painters, Decorators, and Paperhangers of America, Brotherhood of, 

AFL: Council District 9 21,22 

Shoe Workers of America. United, CIO 22 

Joint Council 13 (New York City) 22 

Steelworkers of America. United, CIO 21 

Transport Workers Union of America, CIO 22 

Local 100 (New York City) 22 

United States Government : National Labor Relations Board 35 

Publications 

Agent Provocateur in the Labour Movement, The (book) 6 

Investigation Committees and Civil Rights (pamphlet) 47 

Under Arrest! Self Defense in the Courts (pamphlet) 6 

o 



\ 



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